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MMLU-Pro / 1090 / Four people own a property, and they agree to convey to an adult child of one of…

Problem

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question

Four people own a property, and they agree to convey to an adult child of one of them. There is a purchasemoney mortgage on the property for which the four signed a promissory note as security. The loan was not satisfied at the time of the conveyance. The conveyance is a deed in fee simple to the adult child. The adult child then takes over the mortgage payments. The adult child stops making the payments and conveys the property to a bona fide purchaser who does not do a title search. The purchaser sues his grantor to get an order compelling him to pay the mortgage and remove the lien from his property. Will the court more than likely grant the motion to dismiss made by the defendants?

category

law

options

  1. Yes, that is the risk the purchaser took; he cannot go to closing without a title search and a title company making arrangements for payment of the outstanding mortgage by the seller at closing.
  2. Yes, but the court will also issue an order for the original four owners to pay a portion of the outstanding mortgage.
  3. No, the court will order the purchaser to resume payments on the mortgage and to obtain a loan to pay it off within a reasonable time.
  4. No, the court will order the bona fide purchaser to pay the outstanding mortgage.
  5. Yes, because the court can only force the original four owners to clear the mortgage by paying it in full.
  6. Yes, the court will dismiss the case because the purchaser did not conduct a title search before buying the property.
  7. No, the court will order the adult child to resume paying on the mortgage and to obtain a loan to pay it off within a reasonable time.
  8. No, the court will order the original four owners to come into court and defend on behalf of the adult child, who has no legal responsibility for the mortgage.
  9. No, the court will order the adult child and the original four owners to equally share the remaining mortgage payments.
  10. Yes, because the court can only force the adult child to clear the mortgage by paying it in full.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1090
task_id
3e3e4994-4dbc-5480-8421-835cb4df5e53
task_key
default--test--1090
task_revision_id
1
config / split
default / test

Official source

initial import