Real Estate Conveyance Instrument Delivery Quiz

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What action completes a transfer pursuant to a conveyance instrument?

Recording the instrument in the Official Records

Delivery of the instrument by the grantor to the grantee (correct)

Death of the grantor

Execution of the document

If an instrument is executed but not delivered before the grantor's death, what is the result?

The conveyance is incomplete

The conveyance is still effective

The conveyance becomes void (correct)

The conveyance is subject to curative acts

What establishes the priority of interest and makes a conveyance effective against creditors and subsequent purchasers?

Recording of the instrument in Official Records (correct)

Acknowledgement of the conveyance

Execution of the conveyance

Delivery of the instrument

Which party receives constructive notice as of the date of recording when a document is recorded?

All parties Signup and view all the answers

In what circumstance would a document be entitled to be recorded?

If affecting title and properly prepared and acknowledged Signup and view all the answers

What is the primary purpose of the curative and limitation statutes mentioned in the text?

To correct certain omissions and imperfections in instruments of conveyance Signup and view all the answers

If an instrument of conveyance bears a date different from the date of acknowledgment, does it affect the validity of the conveyance?

No, it does not affect the validity of the conveyance Signup and view all the answers

What is the primary requirement for adverse possession without color of title in Florida?

Proving possession and paying all taxes and special improvement liens for seven years Signup and view all the answers

What action is the property appraiser required to take if a claimant has fully complied with the statutory provisions for adverse possession?

Note in the legal description of the property that an adverse possession claim has been submitted Signup and view all the answers

What can overcome the requirement of a written contract?

Acts of a party in reliance on an oral agreement between parties, creating elements of estoppel Signup and view all the answers

Which statute provides curative comfort for problems relating to an instrument where the name of the grantor does not match the name of the apparent record title holder?

Florida Statutes $\S694.12$ Signup and view all the answers

If the names of corporations are incorrectly stated in a conveyance, with variances, omissions, additions, or misspellings, does it invalidate the instrument?

No, it does not invalidate the instrument if the identity of the corporation can be established Signup and view all the answers

What is the time period mentioned in the text after which no person may claim or recover property conveyed by an heir or devisee?

7 years Signup and view all the answers

What is not sufficient to establish that the parties constitute all of the heirs at law?

A statement that they are 'all of the children' of the deceased Signup and view all the answers

What type of deeds are mentioned in the text related to personal representatives?

Personal representative deeds Signup and view all the answers

How many subscribing witnesses are required for powers of attorney used to convey homestead property?

Two subscribing witnesses Signup and view all the answers

What can affect the enforceability of documents executed under a claim of fiduciary obligation?

The scope of fiduciary obligation as determined by general laws of trusts and fiduciary obligations Signup and view all the answers

What is generally frowned upon regarding the scope of fiduciary obligation?

Self-dealing by the agent Signup and view all the answers

If a conveyance by an agent of the principal's property to the agent in their individual capacity exists, what should be required in most cases?

Ratification in the form of a formal consent, quit-claim or disclaimer by the principal Signup and view all the answers

If the instrument of conveyance will be recorded, what must also be recorded?

The power of attorney Signup and view all the answers

What is considered sufficient if no third-party rights intervene, according to most authorities?

Recording the power of attorney after executing and recording the original document of conveyance Signup and view all the answers

What can revoke the agency relationship granted by a power of attorney?

All of the above Signup and view all the answers

What is the exception to the rule that the agency relationship is revoked if the principal becomes incompetent?

If the power of attorney is a Durable Power of Attorney Signup and view all the answers

What determines the extent of the power of attorney?

The document through which the power is derived Signup and view all the answers

What is required for corporate powers of attorney to be valid, in the absence of express provisions and actions authorized under the articles or bylaws?

They must be granted by the Board of Directors of the corporation Signup and view all the answers

If a purchaser or their assigns has held possession of a property for three years following the conveyance, what does the law state regarding challenging the deed?

The deed cannot be challenged due to irregularities in the conveyance or court proceedings. Signup and view all the answers

What is necessary when an error is made in a legal description with respect to the name or designation of a recorded plat?

A corrective deed Signup and view all the answers

According to Title Standard 3.2, what is a likely consequence if the property described in the original deed was not then or ever owned by the grantor?

A disclaimer of record is necessary and appropriate. Signup and view all the answers

After July 1, 2020, which scenario can be corrected using the provisions in Section 689.041 of the Florida Statutes?

An omission in a condominium unit identification Signup and view all the answers

In what situation would a corrective deed not protect the Grantee from any intervening instruments?

If the land erroneously described was not owned by the grantor Signup and view all the answers

What is required for an applicable deed to convey title as if no scrivener's error existed?

$\text{A curative notice complying with specific requirements must be recorded}$ Signup and view all the answers

When can errors in legal descriptions be corrected without needing a corrective deed?

$\text{If they are discovered and corrected at the time of execution}$ Signup and view all the answers

According to Title Standard 11.1, how can an error in a conveyance with respect to a recorded plat reference be corrected?

By obtaining a certificate from the Clerk of the Circuit Court Signup and view all the answers

In which instance does a corrective deed relate back to the original conveyance?

When it conveys property as described in the corrective deed Signup and view all the answers

Why may it be necessary to issue a reconveyance from the grantee if land erroneously described in an original deed was also owned by the grantor?

To rectify ownership issues arising from incorrect legal descriptions Signup and view all the answers

What is one limitation when correcting errors in legal descriptions according to Title Standard 21.2?

The property must be accurately located under general rules of surveying Signup and view all the answers

What should be considered when rewriting a legal description to avoid creating gaps or overlaps?

Consulting qualified surveyors to prevent gaps, hiatus or overlaps Signup and view all the answers

After how many years can a deed with defects in acknowledgment be held to authorize the conveyance of property according to Florida Statute Section 95.231?

5 years Signup and view all the answers

What does Florida Statute Section 694.08 allow after seven years?

Cure of a defective acknowledgment Signup and view all the answers

What must a notary affirm when acknowledging a document in Florida?

Personal knowledge of the person giving acknowledgment Signup and view all the answers

Who can complete an acknowledgment in Florida according to the statutory requirements?

A notary public or judge, among others Signup and view all the answers

What is required for an instrument concerning real property to be recorded in Florida?

Execution must be legalized and authenticated by a civil law notary Signup and view all the answers

What type of acknowledgment is prescribed for Florida notaries?

Both physical presence and online notarization Signup and view all the answers

Which provision allows for recording by an out-of-state notary under certain circumstances?

Florida Statutes Chapter 695, with exceptions Signup and view all the answers

What is required for acknowledgment within the State of Florida according to statutory requirements?

The officer must receive satisfactory proof that the person making the acknowledgment is as described. Signup and view all the answers

Who is prohibited from notarizing documents in Florida if they are the mother, father, son, daughter, or spouse to the signer?

Family Members Signup and view all the answers

In Florida, which group of individuals can a notary who is an employee notarize documents for without it constituting a financial interest in the transaction?

Employer Signup and view all the answers

What kind of notary can avoid having a financial interest in a transaction when notarizing a document for a client?

Lawyer Signup and view all the answers

What does a general power of attorney need to expressly authorize to be deemed sufficient to execute deeds of title?

Real property conveyance Signup and view all the answers

Which state's laws should a power of attorney comply with to be considered valid in Florida if executed outside the state?

The state of execution's laws Signup and view all the answers

Under what condition does an employee notary's notarization for their employer not constitute a financial interest in the transaction?

If the employee receives benefits beyond salary and notary fees Signup and view all the answers

When executing a power of attorney in Florida, what must be shown in the document to be executed?

Principal's name and agency relationship Signup and view all the answers

What type of power of attorney will not be sufficient to authorize its holder to execute deeds of title if it does not expressly allow the conveyance of real property?

'General' power of attorney Signup and view all the answers

'Powers of attorney are strictly scrutinized' - what does this statement imply about using powers of attorney for conveyances?

'Powers of attorney must comply strictly with requirements' Signup and view all the answers

'Many nuances apply and further study and review are required before any use of powers of attorney is attempted' - what does this statement suggest about the complexity of using powers of attorney for conveyances?

'Powers of attorney require careful consideration and expertise' Signup and view all the answers

What type of evidence should be obtained when a subordinate Masonic Lodge is the grantor in a conveyance?

A certificate from the Most Worshipful Grand Lodge of Free and Accepted Masons in Florida Signup and view all the answers

What did the 1893 Special Act provide regarding local Masonic Lodges?

It stated that any local lodge chartered by the Grand Lodge would be a corporation Signup and view all the answers

What should the certificate from the Grand Lodge certify regarding the subordinate lodge?

That the lodge has been properly chartered and authorized to own and convey property Signup and view all the answers

Which of the following is NOT mentioned in the text as something the certificate from the Grand Lodge should certify?

That the subordinate lodge has complied with all zoning laws and regulations Signup and view all the answers

What is the purpose of obtaining the certificate from the Grand Lodge?

To ensure the subordinate lodge has the authority to convey property Signup and view all the answers

What type of organization is the Most Worshipful Grand Lodge of Free and Accepted Masons of Florida?

A non-profit fraternal organization Signup and view all the answers

What is the primary requirement for a president, vice president, or chief executive officer to execute a deed, mortgage, or conveyance of property owned by the corporation under Florida Statute Section 692.01?

The corporate or common seal of the corporation must be affixed to the document. Signup and view all the answers

Which of the following statements is true regarding the execution of conveyances by corporations under Florida Statute Section 689.01?

Any officer with authority, assumed or apparent, may execute a deed or other conveyance of an interest in the land in the presence of two witnesses. Signup and view all the answers

What is required if an officer who is not the president, vice president, or chief executive officer executes a deed or other conveyance of an interest in the land under Florida Statute Section 689.01?

Evidence of the authority of the officer in the form of a certification of the minutes must be attached to the document. Signup and view all the answers

Under Florida Statute Section 692.01, which of the following is NOT a requirement for a president, vice president, or chief executive officer to execute a deed, mortgage, or conveyance of property owned by the corporation?

Witnesses are necessary when executing the document. Signup and view all the answers

What is the purpose of attaching a certification of the minutes to a deed or other conveyance executed by an officer who is not the president, vice president, or chief executive officer under Florida Statute Section 689.01?

To provide evidence that the officer had the authority to execute the document on behalf of the corporation. Signup and view all the answers

Under Florida law, which of the following is considered sufficient to serve as the corporate seal when executing documents under Florida Statute Section 692.01?

The words 'seal' or 'corporate seal' typed on the page. Signup and view all the answers

Under what circumstances are the provisions of Florida Statute Section 692.01 NOT applicable for a corporation executing documents?

All of the above. Signup and view all the answers

What is required for a conveyance of all or substantially all of the assets of a corporation outside the ordinary course of business?

A corporate resolution adopted by the directors recommending the sale and submitted to a vote of the shareholders. Signup and view all the answers

What can be used to challenge a conveyance by a corporation that is otherwise in compliance with the requirements of Florida Statute Sections 689.01 and 692.01?

Evidence of fraud. Signup and view all the answers

Which of the following statements is true regarding the execution of satisfactions, assignments, or partial releases of mortgages or debts by a corporation under Florida Statute Section 692.01?

They can be executed by any corporate officer without a corporate resolution. Signup and view all the answers

What are the two ways in which the acknowledgment may now be completed as of January 1, 2020 according to the Florida Statute Section 117.021?

(i) In the presence of the acknowledging party and (ii) by means of electronic notarization Signup and view all the answers

What is the relationship between the act of acknowledgment and serving as a witness to the execution of the document?

The act of acknowledgment is separate and distinct from serving as a witness to the execution of the document Signup and view all the answers

What is the requirement for the seal of the court or officer taking the acknowledgment if the document is executed outside the State of Florida, but within the United States?

The seal must be affixed to the instrument Signup and view all the answers

Under the Florida Statutes, who can take an acknowledgment, legalization, authentication, or proof in a foreign country?

A Commissioner of Deeds, civil law notary or notary public of the foreign country, or a diplomatic or consular officer of the United States Signup and view all the answers

What is the requirement for the certificate of acknowledgment, legalization, authentication or proof in a foreign country?

The certificate must be under the seal of the officer taking the acknowledgment Signup and view all the answers

What is the requirement for the acknowledgment of members of the Armed Forces and their spouses?

The acknowledgment must be taken before a commissioned officer in active service of the Armed Forces with the rank of Second Lieutenant or higher Signup and view all the answers

What is the requirement for the authentication of the officers' certificate of acknowledgment for members of the Armed Forces and their spouses?

No authentication of the officers' certificate of acknowledgment is required Signup and view all the answers

What is the requirement for the format of the certificate legalizing or authenticating the signature of a person executing an instrument concerning real property in certain foreign countries?

The format customary in European and certain Asian countries is sufficient as an acknowledgment Signup and view all the answers

Under applicable treaties, what is the requirement for the authority of the officer executing the document if an apostile is affixed to the document?

The authority of the officer executing the document may not be challenged Signup and view all the answers