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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Related Topics & Key Terms
Key Terms:
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.
More Titles Deeds Recording Questions
In a Tampa transaction, a buyer wants the Florida rule on chain of title. Which statement is correct?
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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?
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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?
