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.
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In a Ocala transaction, a buyer wants the Florida rule on chain of title. Which statement is correct?
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Maria records a warranty deed to her property in Miami-Dade County. Three months later, she discovers the deed contained an incorrect legal description due to a surveyor's error. What is the most appropriate action for Maria to take under Florida law?
