Question
Leslie and Mike Aaron, the sellers of Greenacre, and Tom Newsome, the buyer of Greenacre, agreed (in a written real estate contract) that the Aarons
Leslie and Mike Aaron, the sellers of Greenacre, and Tom Newsome, the buyer of
Greenacre, agreed (in a written real estate contract) that the Aarons would sell Greenacre
to Mr. Newsome for $150,000 cash. Mr. Newsome hired you to conduct the real estate
closing. You conducted a title examination and found a mortgage recorded in the official
records of Saint Lucie County (where Greenacre is located) in which the Aarons (the
mortgagors) borrowed $40,000 from Century Bank (the mortgagee). The mortgage was
dated September 28, 2005 and recorded on the same date.
The title examination also reveals a deed (dated July 2, 1999) transferring
title of Greenacre from Charles Howe, Leslie Aaron's father, to "Leslie Ann Howe, a single
woman." A deed (dated April 6, 2007) transferred title to Greenacre from "Leslie Aaron"
to "Leslie and Mike Aaron, as tenants by the entirety." There were no recorded documents
indicating the circumstances surrounding Ms. Aaron's change of name (although it is
presumed that her name changed when she married Mr. Aaron). Does the fact that Ms.
Aaron received title to Greenacre as Leslie Ann Howe and transferred title as Leslie Aaron
create cloud on (or defect in) the title to Greenacre? Explain your answer.
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