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Titles Deeds RecordingRecording_flHARD

A title company discovers that a deed in the chain of title was recorded in the wrong county 15 years ago due to a clerical error. The property is actually located in Hillsborough County, but the deed was recorded in Pinellas County. What is the most likely outcome regarding the validity of subsequent conveyances?

Correct Answer

B) The deeds are valid if the error was corrected through re-recording

Florida's recording statute requires deeds to be recorded in the county where the land lies in order to provide constructive notice (Fla. Stat. §695.01). A deed mistakenly recorded in the wrong county does not give constructive notice; the cure is to re-record (and typically the subsequent deeds) in the correct county — Hillsborough — after which the chain is valid and marketable.

Answer Options
A
All subsequent deeds are invalid due to the recording error
B
The deeds are valid if the error was corrected through re-recording
C
The deeds remain valid as the error was clerical and title has been marketable
D
A quiet title action is required to validate all subsequent transfers

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Related Topics & Key Terms

Key Terms:

recording errorsmarketable titleclerical mistakes
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