46. 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.
Recording a deed typically requires that it be in writing and acknowledged by the parties involved, which means that the signatures must be verified by a notary public or similar authority.
A) signed by the buyer.
While having the buyer's signature on a deed is important, it is not a requirement for recording the deed in most jurisdictions. The acknowledgment of the signatures is what ensures the deed's validity for recording purposes.
B) include the sales price.
Including the sales price in the deed is not a requirement for recording. The primary concern for recording is that the deed is properly executed and acknowledged, rather than the specifics of the transaction, such as the sales price.
C) acknowledged.
This option is correct because acknowledgment is a legal process that verifies the identities of the signatories and their intent to sign the document. Most states require this step to ensure that the deed is recognized and enforceable.
D) free of all liens.
A deed does not need to be free of all liens to be recorded. It can be recorded even if there are existing liens, although this may affect the priority of claims against the property. The focus for recording is on the proper execution and acknowledgment of the deed.
Conclusion
The requirement for a deed to be acknowledged is crucial for its recording, as it verifies the authenticity of the signatures and the intent of the parties. Options A, B, and D do not meet the essential criteria set forth by most states for deed recording, which centers on the acknowledgment instead. Thus, option C is the only choice that accurately reflects the legal requirements for recording a deed.