Property ownership madison owned a tract of land, but he was not sure that he had full title to the property. when rafael expressed an interest in buying the land, madison sold it to rafael and executed a quitclaim deed. rafael properly recorded the deed immediately. several months later, madison learned that he had had full title to the tract of land. he then sold the land to linda by warranty deed. linda knew of the earlier purchase by rafael but took the deed anyway and later sued to have rafael evicted from will linda succeed in claiming title to the land? explain.

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Camille Banks

6 November, 07:10

Property ownership madison owned a tract of land, but he was not sure that he had full title to the property. when rafael expressed an interest in buying the land, madison sold it to rafael and executed a quitclaim deed. rafael properly recorded the deed immediately. several months later, madison learned that he had had full title to the tract of land. he then sold the land to linda by warranty deed. linda knew of the earlier purchase by rafael but took the deed anyway and later sued to have rafael evicted from will linda succeed in claiming title to the land? explain.

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Max Berger · Answer 1

For me, Linda will not be able to win her suit against Rafael in claiming the land.

In the event of Warranty deed vs Quitclaim deed, warranty deed wins over quitclaim deed. But, there are instances that quitclaim deed wins over warranty deed. And I think that the above circumstance is an exception to the general rule.

It all boils down to good faith. Because the transaction between Rafael and Madison are clear and in good faith, their transaction is legal. Because the transaction between Linda and Madison is done in bad faith to the detriment of Rafael, their transaction is void despite it being secured with a warranty deed.