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. What effect does the mortgage
have on the title to Greenacre? Do you think that a title insurance policy will be issued to
Mr. Newsome? Explain your answers.
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