Good Faith Purchaser Protection in Florida
Florida protects good faith purchasers through recording statutes, the race-notice system, title insurance, FUFTA defenses, and the marketable record title act. These protections ensure strong title security for innocent buyers.
Legal Framework
- §695.11: Unrecorded instruments void against BFPs
- Race-notice system: BFP must record first to prevail
- FUFTA §726.109: BFP defense to fraudulent transfers
- §712.01: Marketable record title act (30-year cutoff)
Race-Notice System
- Must be a BFP (pay value, no notice, good faith)
- Must record before the prior interest is recorded
- Both requirements must be met
- Encourages prompt recording of all instruments
Title Insurance Supplements BFP
Covers undiscoverable defects (forgeries, unknown heirs, record errors), provides financial backing and defense costs, and protects up to the policy amount.
Related Terms
- Evidence of Title — Recording system protections
- Encumbrance — Prior unrecorded interests
- Closing — BFP status confirmed at closing
Barnes Walker Title Services
Barnes Walker Title ensures Florida buyers achieve and maintain good faith purchaser status through thorough title examination. Submit a title inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC