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MMLU / A citrus grower was the owner in fee of two adjacent parcels of land in a city:…

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question

A citrus grower was the owner in fee of two adjacent parcels of land in a city: an orange grove and a lemon grove. The grower's title to the lemon grove was subject to an unrecorded 20-year mortgage given to the mortgagee, a bank, in 1990 to secure repayment of a loan for $100,000. Beginning in November 1993, the following events occurred:November 1993: The grower died, leaving all of her real property to her husband. The grower's will was admitted to probate. No mention was made of the mortgage given to the bank. December 1993: Having heard about the grower's death, the bank recorded its mortgage to the lemon grove. August 1994: The husband executed and delivered to his sister a mortgage deed on the orange grove, which the sister immediately recorded. The mortgage instrument contained the following recitations: "This mortgage is secured by the orange grove and all other real estate that I may own in the city or have an interest in. " The husband defaulted on his mortgage obligation to the sister; the amount due on the debt was $100,000. February 2009: The bank brought suit against the husband to foreclose its mortgage on the lemon grove. The applicable recording statute provides in part:"No deed or other instrument in writing, not recorded in accordance with this statute, shall affect the title or rights to, in any real estate, of any devisee or purchaser in good faith, without knowledge of the existence of such unrecorded instruments. "Judgment should be for
Plain-text mathematical notation (without MathML)
A citrus grower was the owner in fee of two adjacent parcels of land in a city: an orange grove and a lemon grove. The grower's title to the lemon grove was subject to an unrecorded 20-year mortgage given to the mortgagee, a bank, in 1990 to secure repayment of a loan for $100,000. Beginning in November 1993, the following events occurred:November 1993: The grower died, leaving all of her real property to her husband. The grower's will was admitted to probate. No mention was made of the mortgage given to the bank. December 1993: Having heard about the grower's death, the bank recorded its mortgage to the lemon grove. August 1994: The husband executed and delivered to his sister a mortgage deed on the orange grove, which the sister immediately recorded. The mortgage instrument contained the following recitations: "This mortgage is secured by the orange grove and all other real estate that I may own in the city or have an interest in. " The husband defaulted on his mortgage obligation to the sister; the amount due on the debt was $100,000. February 2009: The bank brought suit against the husband to foreclose its mortgage on the lemon grove. The applicable recording statute provides in part:"No deed or other instrument in writing, not recorded in accordance with this statute, shall affect the title or rights to, in any real estate, of any devisee or purchaser in good faith, without knowledge of the existence of such unrecorded instruments. "Judgment should be for
Original LaTeX notation
A citrus grower was the owner in fee of two adjacent parcels of land in a city: an orange grove and a lemon grove. The grower's title to the lemon grove was subject to an unrecorded 20-year mortgage given to the mortgagee, a bank, in 1990 to secure repayment of a loan for $100,000. Beginning in November 1993, the following events occurred:November 1993: The grower died, leaving all of her real property to her husband. The grower's will was admitted to probate. No mention was made of the mortgage given to the bank. December 1993: Having heard about the grower's death, the bank recorded its mortgage to the lemon grove. August 1994: The husband executed and delivered to his sister a mortgage deed on the orange grove, which the sister immediately recorded. The mortgage instrument contained the following recitations: "This mortgage is secured by the orange grove and all other real estate that I may own in the city or have an interest in. " The husband defaulted on his mortgage obligation to the sister; the amount due on the debt was $100,000. February 2009: The bank brought suit against the husband to foreclose its mortgage on the lemon grove. The applicable recording statute provides in part:"No deed or other instrument in writing, not recorded in accordance with this statute, shall affect the title or rights to, in any real estate, of any devisee or purchaser in good faith, without knowledge of the existence of such unrecorded instruments. "Judgment should be for

choices

  1. the husband, if he was unaware of the existence of the mortgage at the time he acquired title to the lemon grove.
  2. the husband, only if the lemon grove was not subject to the mortgage when he acquired title.
  3. the bank, because the husband assumed the mortgage when he acquired title to the lemon grove.
  4. the bank, because property once mortgaged remains mortgaged as against the mortgagor's successors in interest.

subject

professional_law

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Source and history

task_id
a6d473cd-8e53-5c84-829a-f5ed1b250e73
task_key
all--test--a6d473cd-8e53-5c84-829a-f5ed1b250e73
task_revision_id
1
config / split
all / test

Official source

initial import