Bar Review Question of the Day By Pieper Bar Review
May 23 2024
In 2011, a landlord purchased a commercial building and immediately recorded the warranty deed that he received from the seller. In January 2013, in partial payment of a debt, the landlord conveyed the commercial building to his friend by warranty deed. Six months later, the landlord, gratuitously conveyed the commercial building to his daughter by warranty deed, which deed she promptly recorded. In December 2013, the friend recorded the January 2013 deed. The applicable recording statute provided that all conveyances of interest in land are void as to any subsequent purchaser who pays value without notice of the conveyance. If the friend brings an action against the daughter to evict title, who will prevail?
(A) The daughter, because she did not have notice of the friend’s rights when she accepted the deed from her father.
(B) The daughter, because she recorded her deed before the friend.
(C) The friend, because the daughter was not a bona fide purchaser.
(D) The friend, because he paid value and did not have actual or constructive notice of the deed to the daughter.
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