Chang deeds to Lopez and Lopez takes possession but does not record the deed. Chang then tells his friend Jones about the deed to Lopez. Chang then deeds the same property to Jones, who records the deed. Based on this information, title probably vests in:
A) Lopez
B) Chang
C) Jones
D) both Lopez and Jones

Question

Quizplus · Accepted Answer

Lopez holds title to the property because the transfer of the deed and taking possession establishes her ownership, despite not recording the deed. Recording is primarily for protection against claims from third parties who are bona fide purchasers without notice of the prior transaction. Since Jones had notice of Lopez's deed through Chang, Jones cannot be considered a bona fide purchaser.

Chang Deeds to Lopez and Lopez Takes Possession but Does