Drafting Exercise: Represent the Kinchs by The Antiracism Academy

Ask questions

2025-04-10 23:06:13 UTC

After doing a title search I would ask more questions to the previous owner instead of blowing it off

2025-04-10 23:06:22 UTC

a provision which conveys title free of all encumbrances, specifically any mortgages or liens on the house

2025-04-10 23:06:25 UTC

In the event any mortgagee, assignee, or successor in interest to Fluke asserts a claim, lien, or encumbrance against the Property, Fluke shall indemnify, defend, and hold harmless the Kinchs from and against any and all losses, costs, damages, expenses (including reasonable attorney’s fees), and liabilities arising therefrom.

2025-04-10 23:06:32 UTC

The Kinches will have Title upon completion of all the payments owed to Fluke and while they are paying the remaining balance no one can take out mortgages against the house

The grantees hereby take the title free from any previous mortgages, liens, easements, etc

2025-04-10 23:06:44 UTC

2025-04-10 23:06:51 UTC

The Kinches have no duty to check the recording registry before making each monthly payment. Nor did the Kinches have actual notice of the mortgages.

Put in a clause in the PSA that would restrict Fluke from taking out loans on the property

2025-04-10 23:06:59 UTC

2025-04-10 23:07:19 UTC

The lawyer should have helped them avoid the situation by maybe having a deal where the new lawyer still gets to record or has more proof to prove that the Kinch's have the right to the home

2025-04-10 23:07:58 UTC

I would add language that states the buyers are being granted title without knowledge of any other interests, and the seller must protect the buyer from any subsequent interests that are claimed by any third parties.

2025-04-10 23:08:03 UTC

During the payment period any mortgages, liens, or loans entered into by seller shall not impute notice onto buyer unless seller directly notifies buyer and imputes actual notice of the mortgage, lien, or loan onto buyer.