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MMLU / Assume this question takes place in a "lien theory" state. A woman and her…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Assume this question takes place in a "lien theory" state. A woman and her co-habiting partner share a property as joint tenants with the right of survivorship. He has run up debts that he did not tell her about, and so he uses his interest in the property to secretly get a mortgage from the bank. When he dies, the bank attempts to execute on the mortgage. Can it do so? Apply the majority view on this issue.

choices

  1. No, the mortgage lien could not destroy the joint tenancy, and when the partner dies, the property passes by operation of law to the surviving joint tenant.
  2. No, although the mortgage destroyed the joint tenancy, the bank has to get a deed of trust in order to execute on jointly owned property.
  3. Yes, the bank got title to the property by virtue of the mortgage, which destroyed the joint tenancy, and it can execute on its lien.
  4. Yes, the mortgage was the equivalent of a deed of trust and the joint tenancy was severed by the mortgage lien, giving the bank unfettered legal authority to execute on its mortgage.

subject

professional_law

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Source and history

task_id
c0b4eb69-107d-58f6-8406-e1a211653b98
task_key
all--test--c0b4eb69-107d-58f6-8406-e1a211653b98
task_revision_id
1
config / split
all / test

Official source

initial import