Once upon a time, Red Riding Hood and her Grandmother found the perfect place to live—a house where Red Riding could care for her Granny without having to cross the woods. Then the Little Red Hen found the same house, ideal for raising a whole flock of chicks and in a terrific school district. Since each party was so interested in the property, Mr. Lamb sold it to them both as follows:
At 9:00 a.m. Mr. Lamb went to Acme Acres Title Company and sold the property to Red Riding Hood and her Granny.
Then at 10:00 a.m. Mr. Lamb arrived promptly at Bargain Property Buys Title Company and sold the property to Little Red.
At 11:00 a.m. Acme Acres recorded the closing.
At 12:00 a.m. Bargain Buys recorded the closing.
Who owns the property?
To be sure, Mr. Lamb was a wolf wrapped in velum, but which set of documents is a valid conveyance of the property title, the one signed first at Acme Acres? Or the second closing at Bargain Property Buys?
Answer: The Little Red Hen now owns the property. The buyer at the second closing owns the property because that buyer took title without knowledge that the first closing had happened.
Florida is a Notice State, meaning that a bona fide purchaser for value is the person who will prevail. We record to give notice to the world that something has happened. If Acme Acres had recorded the deed at 9:59 a.m. before the second closing happened, then that second party has Notice, Constructive Notice, and Red Riding Hood would have been the owner.