Brief Fact Summary.
Susan Caruso (Susan) sued for quiet title to property that mistakenly conveyed to both Susan and her brother.
Synopsis of Rule of Law.
A buyer cannot be considered a bona fide purchaser if they receive actual or constructive notice of a previous transfer.
The court, in examining the matter of whether a deed was procured by undue influence, is not concerned with the rightness of the conveyance, but only with determining whether it was the voluntary act of the grantor.View Full Point of Law
Virginia Parkos (Parkos) conveyed her interest in property to her daughters, Carol and Susan. Carol then conveyed her interest in the property to Susan. Parkos’ lawyer did not record the deeds at that time and Virginia subsequently executed a deed to her son, James. Parkos lawyer later recorded both conveyances and Susan sued to quiet title to the property. The trial court ruled in favor of Susan.
Whether a buyer can be a bona fide purchaser if they receive actual or constructive notice of a previous transfer.
No. Witnesses testified that James was aware of Parkos’ initial conveyance to Susan and the judgment of the trial court is affirmed.
A deed does not have to be recorded to provide notice. Any form of notice is sufficient to support an initial buyer’s claim of being a bona fide purchaser.