Lisa conveys property to Tom via warranty deed on Monday but doesn't record it. On Wednesday, Lisa conveys the same property to Susan via warranty deed, and Susan immediately records her deed. Susan had no knowledge of the prior conveyance to Tom. Under Florida's recording statute, who has superior title?
Correct Answer
B) Susan, because she recorded first and was a bona fide purchaser
Florida is a notice jurisdiction under Fla. Stat. §695.01, so a subsequent bona fide purchaser without notice of the prior unrecorded deed takes superior title; Susan's prompt recording also defeats anyone claiming through Tom going forward.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Title insurance is a policy that protects the insured party against financial loss from defects in title that were not discovered during the title search. Unlike other insurance, it covers past events rather than future risks.
A title search is an examination of public records to determine the history of ownership, liens, encumbrances, and other interests affecting a property. It verifies that the seller has the legal right to transfer the property.
A transfer tax is a tax imposed by state, county, or local government on the transfer of real property from one owner to another. It is typically based on the sale price or a flat rate per dollar of consideration.
More Titles Deeds Recording Questions
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- → What is the main difference between a general warranty deed and a special warranty deed in Florida?
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- → Which answer most accurately states the Florida rule for chain of title?
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- → A Florida owner uses a quitclaim deed to transfer whatever interest the owner has to a family member. Which statement about that instrument is incorrect?
- → John owns property in both Broward and Palm Beach counties that he purchased with one deed. He wants to sell only the Broward County portion. The original deed was recorded in both counties. How should John properly handle the recording when he sells the Broward portion?
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In Florida, what is the primary purpose of recording a deed in the public records?
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A deed is executed in Florida with the property description reading 'all of my land in Orange County.' The grantor owns three separate parcels in Orange County. What is the likely legal effect of this deed?