Eric owns a farm and he has given Westpark Trust a mortgage on the farm.
Eric owns a farm and he has given Westpark Trust a mortgage on the farm. Eric transfers ownership of the farm to Lily and gives Lily a general warranty deed. The general warranty deed to Lily warrants that there are no encumbrances on the farm and does not mention the mortgage to Westpark Trust. Lily owns the farm only a short time and sells the farm by limited warranty deed to Debbie. Debbie decides that farm life is not for her and sells the farm by general warranty deed to Leighton. The general warranty deed does not mention the mortgage to Westpark Trust. One week after Leighton purchased the farm, Westpark Trust notifies Leighton of the mortgage.
Is there a breach of any deed warranty or covenant?
If so, which type of breach?
At this stage, who can sue and for what reasons?
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