medium · National Real Estate Exam transfer-title
A property is sold, and the deed is delivered to the buyer. However, the buyer fails to record the deed. A few days later, the original seller dishonestly sells the same property to a second buyer who has no knowledge of the first sale and immediately records their deed.
In a 'Notice' jurisdiction, who likely owns the property?
- The first buyer, because recording is only for public notice and doesn't affect ownership.
- The first buyer, because they received their deed first and title passed upon delivery.
- The original seller, because both transactions are voided by the conflict.
- The second buyer, because they were a bona fide purchaser without notice of the prior claim.
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