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16. A buyer asks Polly to conduct a title search on a property. After searching the land records, she finds a warranty deed granting title
16. A buyer asks Polly to conduct a title search on a property. After searching the land records, she finds a warranty deed granting title to the seller, an existing undischarged mortgage deed from the seller, an easement granting a neighbor the permanent right to drive across the property, an easement from an electric company granting the company the right to erect and maintain a line of electric poles crossing the property, and a discharged tax default that the land records show the seller paid in full. Is this title likely to be marketable? O No. The tax default is a deal breaker. O Yes. Although local law controls, a reasonable buyer would likely accept this title if the mortgage loan is paid at closing. No. The land records show too many other interests involved. O Yes. As long as the seller has a warranty deed, the title is marketable
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