OTS 3.14

3.14 CONVEYANCES-DEEDS SUBSEQUENT TO MORTGAGE

Problem A:


Is a mortgage still considered to be an encumbrance on the title when, after the mortgage is recorded, the mortgagor conveys fee simple title of the property to the mortgagee?


Standard A:


No, unless the mortgage or the deed conveying title to the mortgagee indicates that a merger of title will not occur.


(Effective as amended April 27, 2018; originally effective May 19, 1955)​

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