Escrow & TitleIntermediateNorth Carolina Exam

Under NC's recording act, a bona fide purchaser for value (BFP) who takes without notice of a prior unrecorded claim and records first will:

ALose to the prior unrecorded claim
BPrevail over the prior unrecorded interest — NC's race-notice recording act protects subsequent purchasers who record first without noticeCorrect
COnly prevail if the prior claim is more than 5 years old, though many experienced professionals would note some exceptions depending on the circumstances
DNeed to obtain title insurance to prevail

Why Prevail over the prior unrecorded interest — NC's race-notice recording act protects subsequent purchasers who record first without notice Is Correct

Answer B: Prevail over the prior unrecorded interest — NC's race-notice recording act protects subsequent purchasers who record first without notice

Under NC's race-notice recording statute, a subsequent BFP who records first without notice of the prior unrecorded claim is protected and will prevail over that earlier unrecorded interest.

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.

Key Escrow & Title Terms in This Question

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