First United American Title Is the Escrow Agent for the Closing

Multiple Choice

First United American Title is the escrow agent for the closing of a sale of property between Georgia Pines and Alexander Pope. Georgia is carrying the financing for Pope, and Pope has given Georgia a mortgage. First United American failed to record the mortgage even though the escrow instructions specified that it be recorded. Pope has defaulted on the loan, and Georgia has discovered there is no mortgage. First United American:

A) Is not liable since the mortgage is still valid.
B) Is not liable unless there was negligence .
C) Is liable for the failure to record.
D) Is liable only if the escrow instructions specified that the mortgage be recorded.