Question
After a long court battle, a Judge ordered Martha to pay $100,000 in damages to Joe. In order to secure this debt, a lien was
After a long court battle, a Judge ordered Martha to pay $100,000 in damages to Joe. In order to secure this debt, a lien was placed on Marthas house. The Judge issued the Order on July 1st, but the courts lazy clerk failed to record the lien until October 1st.
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(a) If Martha took out a second mortgage on her house on August 1st, which of these two liens is likely to have priority? Briefly explain your answer.
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(b) The court could have also placed a lien on Marthas personal property, but it did not. What is the likely reason why the court chose not to place a lien on Marthas personal property?
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(c) On September 1st, Martha sold her house. Somehow, she was able to hide the fact that Joe had a lien on her property. Immediately after the sale, Martha moves to Europe without paying a single penny to Sam. What happened to Sams lien? Briefly explain your answer.
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