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Titles Deeds RecordingRecording_flEASY

A buyer purchases a home in Orange County, Florida on March 15th. The deed is signed and notarized on March 20th, but not recorded until April 10th. On March 25th, the seller fraudulently sells the same property to another buyer who records their deed on March 30th. Under Florida's recording statutes, who has superior title to the property?

Correct Answer

A) The second buyer, because they recorded first

Correct: A - The second buyer, because they recorded first. The second buyer has superior title because Florida follows a race-notice recording statute, and they were a bona fide purchaser who recorded first without notice of the prior deed. Why not B: This option is incorrect because "The first buyer, because they had the earlier contract date" does not match the rule tested by the question. The correct answer is "The second buyer, because they recorded first". The second buyer has superior title because Florida follows a race-notice recording statute, and they were a bona fide purchaser who recorded first without notice of the prior deed. Why not C: This option is incorrect because "The first buyer, because their deed was executed first" does not match the rule tested by the question. The correct answer is "The second buyer, because they recorded first". The second buyer has superior title because Florida follows a race-notice recording statute, and they were a bona fide purchaser who recorded first without notice of the prior deed. Why not D: This option is incorrect because "The court will order the property to be sold and proceeds split" does not match the rule tested by the question. The correct answer is "The second buyer, because they recorded first". The second buyer has superior title because Florida follows a race-notice recording statute, and they were a bona fide purchaser who recorded first without notice of the prior deed.

Answer Options
A
The second buyer, because they recorded first
B
The first buyer, because they had the earlier contract date
C
The first buyer, because their deed was executed first
D
The court will order the property to be sold and proceeds split

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Related Topics & Key Terms

Key Terms:

recording priorityrace-noticebona fide purchaser

Related Concepts

The closing process, also called settlement, is the final step in a real estate transaction where documents are signed, funds are disbursed, and title is officially transferred from the seller to the buyer.

Constructive notice is the legal presumption that a person has knowledge of information that is available through public records or visible inspection of the property, regardless of whether they actually knew about it.

A deed is a written legal document that conveys (transfers) ownership of real property from one party to another. It must be delivered to and accepted by the grantee to be effective.

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