A Jacksonville buyer discovers that a previous owner's divorce decree was never properly recorded, and the ex-spouse now claims ownership rights to the property. The buyer has owner's title insurance. How will this situation likely be resolved?
Correct Answer
A) The title company will defend the buyer's title and resolve the claim
Correct: A - The title company will defend the buyer's title and resolve the claim. The title company will defend the buyer's title and resolve the claim because defects in the chain of title, including improperly handled divorce proceedings, are covered by title insurance, and the insurer has a duty to defend. Why not B: This option is incorrect because "The current seller must buy back the property from the buyer" does not match the rule tested by the question. The correct answer is "The title company will defend the buyer's title and resolve the claim". The title company will defend the buyer's title and resolve the claim because defects in the chain of title, including improperly handled divorce proceedings, are covered by title insurance, and the insurer has a duty to defend. Why not C: This option is incorrect because "The buyer loses the property and can only sue the seller for damages" does not match the rule tested by the question. The correct answer is "The title company will defend the buyer's title and resolve the claim". The title company will defend the buyer's title and resolve the claim because defects in the chain of title, including improperly handled divorce proceedings, are covered by title insurance, and the insurer has a duty to defend. Why not D: This option is incorrect because "The buyer must negotiate directly with the ex-spouse" does not match the rule tested by the question. The correct answer is "The title company will defend the buyer's title and resolve the claim". The title company will defend the buyer's title and resolve the claim because defects in the chain of title, including improperly handled divorce proceedings, are covered by title insurance, and the insurer has a duty to defend.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.
Intestate succession is the legal process by which a deceased person's property is distributed according to state law when they die without a valid will. State statutes determine the order of inheritance.
Marketable title is title that is free from reasonable doubt as to who the owner is and free from liens, encumbrances, or defects that would cause a reasonable buyer to hesitate before purchasing. It is also known as merchantable title.
More Titles Deeds Recording Questions
A Tampa property is being purchased for $450,000. The buyer wants to know the cost of owner's title insurance. Using Florida's promulgated rate of $5.75 per $1,000 of coverage, what is the title insurance premium?
In a Tampa transaction, a buyer wants the Florida rule on general warranty. Which statement is correct?
Which answer most accurately states the Florida rule for general warranty?
Sarah is selling her Miami Beach condominium to Robert. At closing, she signs a deed that contains warranties that she owns the property and has the right to convey it, but provides no warranties against defects that existed before she acquired the property. What type of deed did Sarah most likely execute?
John and Mary own property in Jacksonville as tenants by the entirety. John wants to secretly transfer his interest to his business partner without Mary's knowledge or consent. He executes a quitclaim deed to his partner. What is the effect of this deed?
- → What is the main difference between a general warranty deed and a special warranty deed in Florida?
- → Under Florida law, what does 'constructive notice' mean in the context of recorded deeds?
- → Which answer most accurately states the Florida rule for chain of title?
- → In Florida, all of the following situations would typically be excluded from standard title insurance coverage EXCEPT:
- → Non-single-family real property in Miami-Dade County is conveyed for $220,000. What total deed documentary stamp tax and surtax are due?
- → Sarah is purchasing a home in Miami and her attorney discovers that the current owner's deed was never properly recorded. The seller has been living in the property for 15 years and paying taxes. What is the most likely outcome regarding the validity of the seller's ownership?
- → Which deed is most commonly used in Florida residential transactions?
- → Sarah discovers that her neighbor's fence encroaches 3 feet onto her property, which she purchased 2 years ago in Jacksonville. Her title insurance policy shows no survey exception. What is the most likely outcome regarding her title insurance claim?
- → 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?
- → 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?
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Previous Question
A Tampa property is being purchased for $450,000. The buyer wants to know the cost of owner's title insurance. Using Florida's promulgated rate of $5.75 per $1,000 of coverage, what is the title insurance premium?
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In Florida real estate transactions, what is the difference between a preliminary title report and a title insurance policy?