Question
agricola sold his farm to ambrose for 300,000. in addition to 40,000 of his own funds, ambrose arranged for a purchase money mortgage from the
agricola sold his farm to ambrose for 300,000. in addition to 40,000 of his own funds, ambrose arranged for a purchase money mortgage from the agriculture loan company for $200,000, and Agricola agreed to take back a mortgage in the amount of $60,000 in order that Ambrose could acquire the property. On the date fixed for closing, Agricola gave Ambros a deed to the property and received a cheque from Ambros in the amount of $40,000. He also received a cheque from the loan company for $200,000 when the company registered its mortgage immediately after the registration of the deed to Ambrose. Agricola then registered his mortgage for $60,000. At the time Agricola transferred the fire insurance policy (which covered the buildings) to Ambrose. The policy transfer named Ambrose as the new owner, subject to the interest of Agricola as mortgagee. Through an oversight, the Agriculture Loan Company was not named as an insured on the policy. Sometime later, Ambrose defaulted on the mortgage to Agricola, and it was necessary for Agricola to foreclose on the mortgage. Agricola continued to make the mortgage payments each month to agriculture loan company and allowed Ambrose to remain on the property to work the farm on crop sharing basis. Not long after Agricole I had for clothes on his mortgage and take him back the property, a serious fire destroyed a large barn on the premises. The barn had a value of $50,000. The insurer noted that the fire insurance policy listed Ambros as the owner of the property, and Agricola as a mortgagee. However, before the insurance company made payment, all three parties Agricola Ambros in the agriculture long company claimed the insurance proceeds. Discus the nature of the rights that each party might raise. Discuss the possible outcomes.
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