Escrow & TitleIntermediateColorado Exam

Colorado's 'race-notice' recording statute protects a subsequent purchaser who:

ARecords first regardless of any prior knowledge of unrecorded interests, under typical circumstances
BRecords first AND had no knowledge (notice) of a prior unrecorded interest at the time of purchaseCorrect
CPays the highest price for the property
DIs the first to physically take possession of the property

Why Records first AND had no knowledge (notice) of a prior unrecorded interest at the time of purchase Is Correct

Answer B: Records first AND had no knowledge (notice) of a prior unrecorded interest at the time of purchase

Under Colorado's race-notice recording statute, a subsequent bona fide purchaser is protected only if they (1) had no actual or constructive notice of a prior unrecorded interest AND (2) recorded their deed first.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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