Escrow & Title
Florida's 'priority of title' generally follows which rule for recorded documents?
AThe owner who received the deed first in time always wins
BThe first person to record in the public records prevails over prior unrecorded interests (race-notice recording statute)✓ Correct
CThe person with the highest purchase price prevails
DPriority is determined by the date the deed was executed, not recorded
Explanation
Florida follows a 'race-notice' recording statute (F.S. 695.01). A subsequent purchaser prevails over a prior unrecorded interest if: (1) they recorded first, AND (2) they took without notice of the prior interest. This means a buyer who records their deed before a prior unrecorded deed wins, provided they didn't know about the prior deed. Prompt recording protects buyers' interests.
Related Florida Escrow & Title Questions
- When a Florida escrow dispute arises and the broker cannot determine to whom the funds belong, the broker may:
- A 'title search' in Florida is most commonly conducted by:
- In Florida, 'interlocking' ownership (one entity owning shares in another that owns real estate) creates complexity in title because:
- A Florida 'title defect' that requires a quiet title action typically arises from:
- Florida's 'marketable title' statute (F.S. 712) provides that a property owner with a chain of title 30 years or longer has marketable title, effectively eliminating:
- Florida is primarily a 'title insurance state,' meaning that:
- In Florida, a 'lien' on real property is best described as a:
- In Florida, 'actual notice' differs from 'constructive notice' in that actual notice:
Practice More Florida Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Florida Quiz →