Bankruptcy trustee was entitled to avoid a lien on real property under the strong arm powers because a hypothetical bona fide purchaser of the property would have prevailed over the bank's interest as of the date of the commencement of the case the bank's cancellation of a lien was the last document in the records. Bona fide purchaser without notice will be protected against a landlord's lien for rent. Grantee in security deed acting in good faith stands in attitude of bona fide purchaser, and is entitled to the same protection. Actual payment of the purchase price, before notice, is essential to the maintenance of the claim that one is a bona fide purchaser of property for value and without notice. Payment necessary to constitute bona fide purchase. Voluntary conveyance depends upon the intention of the parties, which is to be ascertained by an inquiry into all the facts and circumstances at the time of the conveyance's execution which will throw light upon the question as to whether the deed was a sale or gift. Voluntary conveyance is one made without any consideration deemed valuable in law to support the conveyance. Purchaser of land without actual notice may take free of restrictive covenants contained in an unrecorded contract or deed. Effect of restrictive covenants in unrecorded instrument. This statute, while including bona fide purchasers from administrators, executors, and others who in effect sell land as agents of the grantor making the voluntary conveyance, does not include purchasers acquiring title from other sources. Section applies to subsequent purchasers from grantor's agents, but not others.
#VOLUNTARY CONVEYANCE OF DEED TRIAL#
For article, "Eleventh Circuit Survey: JanuDecember 31, 2008: Article: Trial Practice and Procedure," see 60 Mercer L.
For annual survey of real property law, see 56 Mercer L.
#VOLUNTARY CONVEYANCE OF DEED CODE#
Every unrecorded voluntary deed or conveyance of land made by any person shall be void as against subsequent bona fide purchasers for value without notice of such voluntary deed or conveyance provided, however, that, if the voluntary deed or conveyance is recorded in accordance with Code Section 44-2-1, it shall have priority over subsequent deeds or conveyances to the described land.
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