Escrow & Title

In Illinois, a deed must be recorded to provide constructive notice. If an unrecorded deed exists and the property is subsequently sold to a bona fide purchaser for value, who has priority under Illinois recording law?

AThe first grantee who received the unrecorded deed
BThe subsequent purchaser for value who records first and had no notice of the prior deed✓ Correct
CAlways the first in time, regardless of recording
DIDFPR determines priority in such disputes

Explanation

Illinois follows a 'race-notice' recording statute. A subsequent purchaser who pays value, has no notice of the prior unrecorded deed, and records their deed first will prevail over the first grantee who failed to record. This incentivizes timely recording to protect title.

Related Illinois Escrow & Title Questions

Practice More Illinois Real Estate Questions

1,500+ questions covering all exam topics. Start free — no signup required.

Take the Free Illinois Quiz →