74. In most states, for a deed to be recorded, it must be in writing and
Answer: C
A deed must be acknowledged to be recorded.
For a deed to be recorded in most states, it must not only be in writing but also be acknowledged, which means that the signer must declare before a notary or other authorized official that the signature is their own and that they signed it voluntarily.
A) signed by the buyer.
While the buyer's signature is important in the transaction process, the requirement for recording a deed does not specifically mandate the buyer's signature. Instead, it is the acknowledgment of the signature that is critical for the deed's validity in public records.
B) include the sales price.
Including the sales price is not a requirement for the recording of a deed. The essential elements for recording focus on the deed being in writing and properly acknowledged, rather than the specifics of the transaction such as the price.
C) acknowledged.
This option is correct as acknowledgement is a necessary legal step for a deed to be recorded. Acknowledgment ensures that the person signing the deed is doing so willingly and is properly identified, which is essential for the deed to be valid in the eyes of the law.
D) free of all liens.
A deed being free of liens is not a requirement for its recording. While it is advisable for a property to be clear of liens for marketability, the recording process itself does not hinge on the absence of liens; it focuses on the deed being in writing and acknowledged.
Conclusion
The necessity for a deed to be acknowledged before recording is a fundamental legal requirement that ensures the authenticity and voluntary nature of the transaction. Other options, while relevant to the overall process of property transfer, do not meet the specific legal criteria for recording as effectively as acknowledgment does.