S.O.U.N.D. Advice for Law School, 6.8.09

S.O.U.N.D. Issue Spotting--a Property hypothetical to help you prepare for exams:

You see the following: “Seller agreed to sell Blackacre to Buyer. Buyer was to finance the purchase by giving a mortgage to Bank. Bank’s attorney asked Seller and Buyer to appear at the Registry of Deeds for the closing at a designated date and time, and they did so. At the closing, the Bank’s attorney asked Seller if he brought the deed. Seller said yes, and handed the deed to Bank’s attorney. Bank’s attorney reviewed the deed and stated that it appeared to be in order. He asked Seller to sign it, which he did, and then Bank’s attorney notarized the deed. Bank’s attorney then excused himself so he could do a final title rundown, and then record the deed. When he arrived back at the closing table 15 minutes later, he said that everything was fine, and that he had recorded the deed. Buyer neither saw nor touched the deed before it was recorded.”

You should have spotted the following issue: Whether there was valid delivery of the deed?

You should have paid attention to the following buzz words: “Buyer neither saw nor touched the deed before it was recorded.”