Tom sells his property to Lisa, who fails to record her deed. Lisa then sells to Mark, who records his deed immediately. Six months later, Tom fraudulently sells the same original property to Nancy, who has no knowledge of the previous sales and records her deed. Under Florida law, who has the best claim to the property?
Correct Answer
B) Mark, because he has a recorded deed in the chain from the original owner
Correct: Mark has the best claim because his deed, while from an unrecorded source, establishes a chain from the original owner through Lisa, and he recorded properly. Why not A: Lisa's failure to record weakens her position against subsequent purchasers. Why not C: Nancy cannot claim bona fide purchaser status because Mark's recorded deed would have given her constructive notice of the prior conveyance. Why not D: Consideration amount is not the determining factor under Florida's recording statutes.
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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?
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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?
- → All of the following are essential elements of a valid deed in Florida EXCEPT:
- → 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?
- → What is the main difference between a general warranty deed and a special warranty deed in Florida?
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Previous Question
Under Florida's Marketable Record Title Act, all of the following interests may be extinguished if not properly preserved EXCEPT:
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A property in Miami-Dade County sells for $750,000. The buyer assumes an existing mortgage of $320,000 and pays $430,000 in cash. What is the total documentary stamp tax due on both the deed and the note?