Question
client X is interested in purchasing Blackacre. A title search of the property reveals the following transactions: Transaction 1: O to Larry Lender a 30
client X is interested in purchasing Blackacre. A title search of the property reveals the following transactions:
Transaction 1: O to Larry Lender a 30 year mortgage and note, executed in 1947; "O hereby borrows from Lender $30,000 as a purchase-money mortgage on Blackacre, and agrees to pay off the mortgage in annual payments of $1,000 for 30 years at 5% annual interest.
Transaction 2: O to B by deed (1957) "a life estate in Blackacre, remainder to O."
Transaction 3: O to C by deed (1967) "any and all interests O retains in Blackacre."
Transaction 4: C to C and D by deed (2007) "a joint tenancy with right of survivorship in Blackacre."
Additional Facts
-No records exist in the title search to show that the mortgage from Larry Lender was ever paid off or foreclosed upon.
-B is still alive but has not visited the property since 2000. All deeds and instruments have been properly recorded.
-C has died but D is still alive.
-C's will leaves "all his interest in Blackacre to E." The statute of limitations is 10 years.
You have been asked for a legal opinion from X, who is interested in buying Blackacre, on the state of title to the property.
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