A Tallahassee buyer purchases a property and later discovers that the previous owner had granted mineral rights to an oil company, but this was not disclosed in the title search. The buyer has standard owner's title insurance. What is the likely outcome?
Correct Answer
D) The title insurance company will pay damages for the undisclosed mineral rights deed
The title insurance company will pay damages for the undisclosed mineral rights deed because the failure to discover and report a recorded deed affecting title is a covered loss under the policy. Option A is incorrect in terminology - it's not about 'covering loss of value' but about the title defect. Option B is incorrect because while the deed may have been recorded, the title insurance protects against such undisclosed matters. Option D is incorrect because the oil company has legitimate rights if properly conveyed.
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More Titles Deeds Recording Questions
In a Tampa transaction, a buyer wants the Florida rule on chain of title. Which statement is correct?
In Florida's recording system, what does 'constructive notice' mean?
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?
- β All of the following are essential elements of a valid deed in Florida EXCEPT:
- β 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?
- β What is the main difference between a general warranty deed and a special warranty deed in Florida?
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Previous Question
A Gainesville property is being refinanced with a new loan amount of $280,000. The existing lender's title insurance policy was for $250,000. Using Florida's reissue rate of $2.00 per $1,000 for the additional coverage, what is the cost for the new lender's policy?
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A deed transferring Florida real property in Pinellas County recites consideration of $143,500. What deed documentary stamp tax is due on the deed when it is recorded?
