Property Ownership
In Utah, when a deed is delivered but not yet recorded, title:
ADoes not pass until the deed is recorded
BPasses to the grantee upon delivery of the deed—recording only provides constructive notice✓ Correct
CRemains with the grantor until recording
DIs held in suspense by the escrow company
Explanation
In Utah (and most states), title passes upon delivery of the deed to the grantee—not upon recording. Recording is important for providing constructive notice to the world, but the transfer of title occurs at delivery.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EscrowA neutral third-party arrangement where funds, documents, and instructions are held until all conditions of a real estate transaction are satisfied.
Abstract of TitleA condensed history of a property's title, summarizing all recorded documents and encumbrances affecting it from the earliest record to the present.
Deed of TrustA security instrument used in many states instead of a mortgage, involving three parties: borrower (trustor), lender (beneficiary), and a neutral trustee.
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