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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A claimant proves actual fraud and files within six months from entry of a decree. Before filing, an innocent mortgagee for value acquired an interest in the land. The facts establish that reopening would prejudice that protected interest. The claimant argues that only an outright buyer can invoke Section 32's protection. Which conclusion is correct?

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Section 32 includes an innocent mortgagee for value, so the petition cannot be entertained to prejudice that interest. Timeliness automatically defeats the mortgagee's protected interest. Actual fraud automatically makes every subsequent mortgage fraudulent. The mortgagee must own the entire land to be protected.

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