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Titles Deeds RecordingDeeds_flMEDIUM

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

B is correct because Florida follows a race-notice recording statute, which protects subsequent bona fide purchasers who record first without notice of prior unrecorded conveyances. A is incorrect because Tom's failure to record left him vulnerable to a subsequent BFP. C is incorrect because this creates competing claims, not co-ownership. D is incorrect because while Lisa's act may be fraudulent, it doesn't affect the determination of superior title under recording statutes.

Answer Options
A
Tom, because he received his deed first
B
Susan, because she recorded first and was a bona fide purchaser
C
Both have equal rights as tenants in common
D
Neither, because Lisa committed fraud

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Related Topics & Key Terms

Key Terms:

recording statutebona fide purchaserrace-notice
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