Quiz Answers

Who Gets Title? You Be the Judge
By Cindy Finley and Judon Fambrough

1. B2 wins. B2 was the first to record the deed without actual or constructive knowledge of a prior deed to the land.
2. B2 wins again. The key is whether B2 had actual or constructive knowledge at closing. What transpires thereafter is irrelevant for purposes of the Texas Recording Statutes.
3. B1 wins. B1 is the first to record the deed without actual or constructive knowledge of a prior deed. B1's knowledge at closing is critical.
4. B1 wins. Only bona fide purchasers are protected under Texas Recording Statutes. A bona fide purchaser must take title via a warranty deed, not a quitclaim. Because B2 took a quitclaim, B2 cannot be a bona fide purchaser.
5. B1 wins. Again, a bona fide purchaser must pay fair market value and take title by warranty deed. A gift deed is without monetary consideration. Consequently, B2 is not a bona fide purchaser.
6. B1 wins. To receive protection under Texas Recording Statutes, a purchaser must record the warranty deed in only one county in which the land lies. B1 met this minimum requirement.
7. B1 wins. B2 is not a bona fide purchaser. Construction knowledge is imparted by someone other than the seller being in possession of the property. B2 should have visited the property before buying.
8. B1 still wins. A recording error does not strip B1 of the protection of the Texas Recording Statutes.
9. B1 wins. Any warranty deed, general or special, gives the buyer protection. B2 is not a bona fide purchaser because B2 was aware of the prior warranty deed to B1 at closing.