Escrow & Title
Virginia follows the 'race-notice' recording statute. A subsequent bona fide purchaser for value is protected against prior unrecorded interests if they:
ARecord their deed first, regardless of notice
BRecord their deed first AND had no notice of the prior unrecorded interest✓ Correct
CSimply pay fair market value
DOnly record within 30 days of closing
Explanation
Under Virginia's race-notice statute, a subsequent purchaser prevails over a prior unrecorded interest only if they (1) had no notice (actual, constructive, or inquiry) of the prior interest AND (2) record their instrument first.
Related Virginia Escrow & Title Questions
- An attorney closing in Virginia typically reviews all of the following EXCEPT:
- Under the Virginia land records system, recording a deed in the circuit court clerk's office provides:
- A Virginia purchase contract requires 'evidence of title satisfactory to the buyer.' If the title search reveals an easement the buyer objects to, the buyer may:
- A Virginia title company discovers a gap in the chain of title during a search. This most likely means:
- In Virginia, a deed is acknowledged before a notary to:
- A title search in Virginia typically examines public records going back:
- In Virginia, a 'marketable title' means:
- A Virginia deed of trust lien is satisfied when the borrower pays off the loan. To clear the lien from title, the trustee records a:
Practice More Virginia Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Virginia Quiz →