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Transfer Of TitleRecording_systemHARD

Under Iowa law, which type of recording statute determines priority between competing claimants to the same property?

Correct Answer

B) Notice statute — a subsequent bona fide purchaser without notice of a prior conveyance prevails

Iowa follows a notice recording statute. Under Iowa law, a subsequent bona fide purchaser (BFP) who pays valuable consideration and takes without actual or constructive notice of a prior unrecorded conveyance will prevail over the prior grantee, regardless of who records first. This means a subsequent purchaser does not need to record first — they simply must lack notice of the prior interest at the time of their purchase.

Answer Options
A
Race statute — the first party to record always prevails
B
Notice statute — a subsequent bona fide purchaser without notice of a prior conveyance prevails
C
Race-notice statute — a subsequent purchaser must both record first and lack notice to prevail
D
Torrens system — title is established through a court-administered certificate of title

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Related Topics & Key Terms

Related Topics:

BFPconstructive-notice§558.41Iowa-specific

Key Terms:

race-noticeBFPrecord first§558.41Iowa
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