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Kevin is the registered fee simple owner of Orangeacre. David forged a transfer of the fee simple from Kevin to himself and registered the transfer.
Kevin is the registered fee simple owner of Orangeacre. David forged a transfer of the fee simple from Kevin to himself and registered the transfer. David then approached ABC Trust Company and arranged a mortgage of Orangeacre. ABC advanced $100,000 to David and registered its mortgage against Orangeacre. Kevin has just discovered what has occurred. Which of the following is TRUE?
- (1)Because David forged the transfer of the fee simple to himself, Kevin can have David removed from the title.
- (2)ABC is entitled to its mortgage because it dealt with the registered fee simple owner of Orangeacre.
- (3)ABC can successfully claim against the assurance fund for money to satisfy the mortgage.
- (4)All of the above
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