Kevin bought property in Suffolk County and recorded his deed on Monday. On Tuesday, he discovered that his seller had previously given an unrecorded deed for the same property to another buyer who still has not recorded. Under New York law, what is Kevin's legal position?
Correct Answer
B) Kevin has superior title only if he was unaware of the prior conveyance
Under New York's race-notice recording statute, Kevin can have superior title by recording first, but only if he took without notice of the prior unrecorded conveyance. If Kevin knew about the earlier deed, he cannot claim bona fide purchaser protection.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
Title insurance is a policy that protects the insured party against financial loss from defects in title that were not discovered during the title search. Unlike other insurance, it covers past events rather than future risks.
A title search is an examination of public records to determine the history of ownership, liens, encumbrances, and other interests affecting a property. It verifies that the seller has the legal right to transfer the property.
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?
- → A cooperative corporation in New York has various ongoing responsibilities to its shareholders. All of the following are typical responsibilities of a co-op corporation EXCEPT:
- → John owns 150 shares in Riverside Cooperative Corporation, which entitles him to occupy apartment 4B under a proprietary lease. He wants to sell his cooperative interest. What is John actually selling?
- → Under New York's recording system, what happens when two deeds for the same property are recorded on the same day?
- → 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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