123. In most states, for a deed to be recorded, it must be in writing and
Answer: C
For a deed to be recorded, it must be in writing and acknowledged.
A deed must not only be in writing but also acknowledged to be legally recorded in most states. Acknowledgment refers to the formal declaration before a notary or authorized official that the signing party is doing so willingly and with an understanding of the document.
A) signed by the buyer.
While a deed must be signed by the parties involved, it is not specifically required that the buyer must sign for it to be recorded. The crucial factor is that the deed must be signed by the grantor (the seller) to convey the property, not the buyer.
B) include the sales price.
Including the sales price in a deed is not a requirement for recording. The primary purpose of a deed is to transfer ownership, and while the sales price can be important for tax purposes, it is not essential for the deed's validity or recording.
C) acknowledged.
Acknowledgment is a critical requirement for a deed to be recorded. This process ensures that the signer of the deed is doing so voluntarily and understands the implications of the document, which is necessary for the deed to have legal effect in public records.
D) free of all liens.
A deed does not need to be free of all liens to be recorded. The presence of liens may affect the title and ownership, but it does not prevent the deed from being recorded. The recording simply documents the transfer of ownership regardless of any existing claims against the property.
Conclusion
Acknowledgment is essential for the recording of a deed, ensuring the authenticity and voluntary nature of the signature. Without this step, the deed may not hold up in legal circumstances, making option C the only correct choice. Other options, while related to the transfer process, do not meet the specific requirements for a deed's recordability.