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MMLU / In 1940, a state conveyed to a man a tract of land by deed that was immediately…

Problem

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question

In 1940, a state conveyed to a man a tract of land by deed that was immediately recorded. The man died a widower in 1990, devising all of his real property to his son. The will was duly probated shortly thereafter. In 2005, the son conveyed the tract of land to a friend. This deed was not recorded until after the son's death in 2009. The son's will, duly probated following his death, named the friend as sole legatee and devisee of the son's entire estate. In 2008, the son mortgaged the tract of land to the bank. The mortgage instrument, which was recorded in 2008, recited that it was subordinate to a mortgage on the same land given by the son to a rancher in 1988 and recorded in 1988. In that instrument, the son purported to grant the rancher a mortgage on the tract of land. All of the deeds mentioned in the aforementioned transactions are general warranty deeds. In addition, the State of Baden has a notice-type recording statute and follows a title theory for mortgages. What is the probable legal effect of the son's mortgage agreement in 2008 with the bank?

choices

  1. The mortgage would be invalid, because the son conveyed his interest in the property to the friend in 2005.
  2. The mortgage would be invalid, because the first mortgage in 1988 would take precedence over the second mortgage.
  3. The mortgage would be invalid, unless the mortgagee bank had knowledge of the prior conveyance to the friend.
  4. The subsequent mortgagee, the bank, would prevail as against the prior conveyee (the friend), who failed to record before the mortgage was effectuated.

subject

professional_law

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Source and history

task_id
df12922c-04fc-5bf2-afa4-5c8fd1d42604
task_key
all--test--df12922c-04fc-5bf2-afa4-5c8fd1d42604
task_revision_id
1
config / split
all / test

Official source

initial import