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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

C) 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
Race-notice statute — a subsequent purchaser must both record first and lack notice to prevail
C
Notice statute — a subsequent bona fide purchaser without notice of a prior conveyance prevails
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

Related Concepts

Probate is the legal process by which a deceased person's will is validated by the court and their estate is administered, including the transfer of real property to the named beneficiaries or heirs.

A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.

Recording is the act of placing a document in the public records at the county recorder's office to give constructive notice to the world of an interest in real property. Recording protects the holder's interest against subsequent claims.

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