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MMLU / Two cousins took title to real estate as joint tenants with the right of…

Problem

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question

Two cousins took title to real estate as joint tenants with the right of survivorship. The first cousin put up his interest in the joint tenancy as security for a $20,000 loan and signed a judgment note. It was later entered as a judgment against the first cousin's interest in the real estate. The first cousin died a year later. The second cousin decided to sell the property, but the mortgagee filed an action to prevent the sale and to enforce his interest in the property. The second cousin defended on the basis that any lien on the first cousin's interest in the property was extinguished on the first cousin's death. Will the court enforce the lien of the mortgagee against the sale of the property by the surviving second cousin?

choices

  1. Yes, because the second cousin's assent to the judgment lien was presumed by law and that assent destroyed the joint tenancy.
  2. Yes, because a mortgage or judgment lien against one joint tenant destroys the tenancy and destroys the right of survivorship.
  3. No, because a joint tenant cannot legally file a judgment note on just that joint tenant's interest because it would be an unconstitutional interference with the other's property rights.
  4. No, because when the first cousin died the second cousin became the sole owner due to the right of survivorship, as per the joint tenancy which was still fully intact.

subject

professional_law

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Source and history

task_id
2dd61d24-89fb-5654-982c-5e24d61e7805
task_key
all--test--2dd61d24-89fb-5654-982c-5e24d61e7805
task_revision_id
1
config / split
all / test

Official source

initial import