A Locksmith Was Rekeying a Foreclosed Property When He Fell

Multiple Choice

A locksmith was rekeying a foreclosed property when he fell six to eight feet into the home's basement through an opening in the floor of the house. Source One had foreclosed on the property on October 4, 2012. Source One then conveyed the property to Fannie Mae on November 16, 2012, but the deed was not recorded. The accident occurred on November 24, 2012. The locksmith filed suit against Source One and Fannie Mae to recover for the injuries. The theory of the suit is that the owner of the home is liable for injuries to third parties from lack of repairs and failure to warn. Who could be held liable?

A) Source One because the deed was not recorded
B) Fannie Mae because the land had been conveyed
C) They are both liable because neither owned the property
D) There is never liability to third parties for injuries in unoccupied property