Question
Zalinski was the owner in fee simple of a house and lot. She mortgaged the property to the Home Bank for $50,000. Then she sold
Zalinski was the owner in fee simple of a house and
lot. She mortgaged the property to the Home Bank
for $50,000. Then she sold the house and lot to Steele
for $75,000, of which $50,000 represented the mortgage Steele assumed and the remaining $25,000 was
payment to Zalinski for her equity.
Shortly after that, Steele borrowed $10,000 from
Gray, giving Gray a $10,000 second mortgage on the
property as security for the loan. Steele then sold
the property to Allen for $80,000, of which $50,000
was the first mortgage to the Home Bank, $10,000
the mortgage to Gray, and $20,000 cash payment for
Steele's equity.
The house caught fire and burned to the ground a
few days after Allen acquired the property. The house
was insured for $45,000. The policy named Allen
as the insured, the Home Bank as first mortgagee,
and Gray as second mortgagee. After the fire, Allen
abandoned the property and left the country.
Advise the Home Bank and Gray as to their legal
rights. Speculate as to how the parties might proceed
toward protecting their respective interests
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