Aaron owned a farm. Aaron gave First Bank and Trust (FBT) a mortgage on the farm. Aaron transferred ownership of the farm to Bob and gave Bob a general warranty deed. The general warranty deed to Bob warranted that there were no encumbrances on the farm and did not mention the mortgage to FBT. Bob owned the farm only a short time and then sold the farm by limited warranty deed to Carol. Carol decided that farm life was not for her, and sold the farm by general warranty deed to David. The general warranty deed did not mention the mortgage to FBT. One week after David purchased the farm, First Bank and Trust notifies David of the mortgage.
Required:
Is there a breach of any deed warranty or covenant and, if so, which covenant? At this stage, can David sue Carol?
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Aaron owned a farm. Aaron gave First Bank and Trust (FBT) a mortgage on the farm. Aaron transferred...
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