Robyn bought a house for $300,000. To help finance the purchase, she borrowed (1) $100,000 from Wells Fargo secured by a mortgage on the home and (2) $150,000 from Gary secured by a mortgage on the home.
Robyn bought a house for $300,000. To help finance the purchase, she borrowed (1) $100,000 from Wells Fargo secured by a mortgage on the home and (2) $150,000 from Gary secured by a mortgage on the home. Wells Fargo recorded its mortgage, but Gary did not do so. Robyn later sold the house to Tanner, who recorded his deed. The Wells Fargo loan was paid off with the sale proceeds at closing. Tanner did not know about Gary’s mortgage when he purchased the house. A year later, Tanner entered into a contract to sell the house to Vince; the contract contained no provision about the quality of title that Tanner would deliver. Vince recently learned that Gary claims to hold a mortgage on the house. Is Vince obligated to purchase the house? SELECT ONE FROM BELOW
No, because of Wells Fargo’s mortgage.
Yes, because Tanner had no notice of Gary’s mortgage.
No, because of Gary’s mortgage.
Yes, because Vince had notice of Gary’s mortgage.
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