74. 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.
In most states, a deed must not only be in writing but also acknowledged to be recorded legally. Acknowledgment typically involves a formal declaration before a notary or other authorized official, affirming the authenticity of the signatures.
A) signed by the buyer.
While it is essential for the deed to be signed by the parties involved, including the buyer, this requirement alone does not satisfy the conditions for recording. The acknowledgment is a separate legal requirement that ensures the deed's validity in a public record.
B) include the sales price.
Including the sales price in a deed may be important for tax purposes or clarity, but it is not a requirement for recording. The primary necessities focus on the deed being in writing and properly acknowledged, rather than detailing the financial transaction.
C) acknowledged.
Acknowledgment is a critical step in the recording process, as it confirms that the parties signed the deed voluntarily and in the presence of an authorized official. This step helps prevent fraud and ensures that the deed is legally enforceable, making this option correct.
D) free of all liens.
A deed being free of liens is not a requirement for recording. While liens can affect ownership and the marketability of the title, the act of recording itself does not depend on the lien status of the property. A deed can be recorded even if there are existing liens against the property.
Conclusion
The requirement for a deed to be acknowledged is essential for its recording, making option C the correct choice. Other options, while relevant to the transaction or the deed's implications, do not fulfill the specific legal requirements for recording a deed in most states. Thus, acknowledgment stands out as the definitive criterion needed in conjunction with the written form of the deed.