On January 5, Sarah sells her Baltimore County property to Marcus. Marcus does not record the deed. On February 10, Sarah fraudulently sells the same property to Lisa, who has no knowledge of the prior sale to Marcus. Lisa records her deed immediately. Under Maryland's recording statute, who holds superior title?
Correct Answer
A) Lisa, because she recorded first and had no notice of the prior conveyance
Under Maryland's race-notice recording statute (Md. Code Ann., Real Prop. §§ 3-101 et seq.), Lisa prevails because she satisfies both required elements: (1) she recorded her deed before Marcus recorded his, and (2) she had no actual or constructive notice of Marcus's prior unrecorded interest at the time she purchased. Lisa is a bona fide purchaser for value who recorded first.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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