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.
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