Assignment 2
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Palm Beach State College *
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2611
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Law
Date
Jan 9, 2024
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docx
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Uploaded by ProfRook6059
Pamela Gomez Aviles
Mr. Weiss
PLA2611
Sept 17/2023
Textbook Assignment #2
Answer case problems 1 - 5 Chapter 8
Case 1:
Samuel Adams (the grantor) is selling the house to Harrison Stone (grantee), the
deed must be signed by Samuel because he is the owner of the property.
Case 2:
Under the general warranty deed, there is a breach in the covenant against
encumbrances since the farm had a mortgage that wasn’t notified to the first
purchaser (Bob) at the moment of the buy/sell, and this is a present covenant.
David can only recover losses as a result of the mortgage from Carol for the
breach.
After the bank commenced foreclosure proceedings the Covenants of quiet
enjoyment and warranty were violated (a future covenant).
David, on a breach of the future covenant, will have the right to recover from
Carol, Bob, and Aaron because the covenant of quiet enjoyment is a future
covenant that runs with the land and is transferable.
Case 3:
Timothy White may witness Ruth’s signature.
Linda Green (grantee) is an interested party and can't witness.
As a paralegal, I may witness.
Case 4:
The owner of the house is still Jessica. Although she was in full compliance with
Florida Law, by not letting her daughter know about the deed, nor giving it to her
so that she could take possession of it, Jessica failed with the last basic
requirement of a valid deed: delivery of the completed deed to the grantee. Since
there is also nothing that can give rise to a presumption of delivery.
Case 5:
Ryan (the grantor) must execute and deliver to Kelly (the grantee) a corrected
deed with the right lot number, in this case, Lot 2. A corrected deed is valid
without any additional consideration. Acceptance of the deed by the grantee
means that the grantee admits the error found in the original deed.
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