Sarah purchased a home in Albany County, New York, and received her deed on March 15th. She recorded the deed with the county clerk on April 2nd. On March 28th, the seller fraudulently sold the same property to Michael, who recorded his deed on March 30th. Under New York's recording statute, who has superior title to the property?
Correct Answer
A) Michael, because he recorded his deed first
New York follows a race-notice recording statute. Under this system, a subsequent purchaser who records first and takes without notice of a prior unrecorded conveyance has superior title. Michael recorded on March 30th, before Sarah's April 2nd recording, giving him priority.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Actual notice means a person has direct, personal knowledge of a fact or interest in real property. This can come from being told, seeing something firsthand, or any form of direct awareness.
Adverse possession is a legal doctrine that allows a person to claim ownership of land by occupying it continuously for a statutory period under specific conditions, without the true owner's permission.
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
More Property Ownership Transfer Questions
David owns shares in a cooperative corporation that entitle him to occupy apartment 4B. He wants to sell his interest in the co-op. What is David actually selling?
In New York, what is the primary difference between an owner's title insurance policy and a lender's title insurance policy?
Rachel owns a property and grants a deed to her son Paul, who does not record it. Later, Rachel grants a mortgage to Community Bank, which records immediately. Subsequently, Paul records his deed. The bank claims its mortgage has priority over Paul's ownership. Under New York law, what factor will be most critical in determining priority?
Amy purchased a house in Monroe County and received a warranty deed. Before she could record it, a judgment was entered against the seller for $50,000, and the judgment creditor recorded a judgment lien. Amy recorded her deed three days later. Under New York law, how does this affect Amy's title?
Patricia owns property in Erie County and executes a quitclaim deed to her brother Mark. Mark records the deed immediately. Later, Patricia claims the deed was forged and sues to recover the property. Under New York law, what effect does Mark's recording have on Patricia's claim?
- → Jennifer inherits her grandmother's cooperative apartment in Brooklyn. The proprietary lease has 75 years remaining. What happens to Jennifer's ownership interest if the proprietary lease expires?
- → In New York, what type of property interest does a cooperative apartment represent?
- → Karen wants to make renovations to her cooperative apartment kitchen. Before beginning work, what must she typically do?
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- → David owns shares in Brooklyn Commons Cooperative and wants to sublet his apartment for two years while working overseas. What restriction typically applies to subletting cooperative units in New York?
- → Lisa is explaining the difference between cooperatives and condominiums to her client. What document do cooperative purchasers receive instead of a deed?
- → Robert's proprietary lease for his cooperative apartment is about to expire. He is concerned about losing his right to occupy the unit. How long do proprietary leases typically run in New York cooperatives?
- → Sarah purchases a condominium unit in Manhattan. As a New York condominium owner, what type of property interest does she hold in the unit itself?
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