Drafting Deeds and Ethics Paper

1) Cases

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http://www.fraudblogger.com/ Mortgage Daily.com

http://www.mortgagefraudblog.com/ Mortgage Fraud Blog

Choose two different cases, incidents, etc. and discuss them with the class. Discuss the similarities and differences in these cases, incidents, etc. Please respond to at least two of your classmates’ posts.

Drafting Deeds and Ethics

Suppose you are assigned the task of helping an attorney handle a real estate transfer for a client. The client pulls you aside and privately asks that you change a notation on the deed that there was a pass-through way on the rear 20 feet of the property. The client advises you that the area is wooded and no one ever uses it for a pass-through way and does not want its inclusion to affect the sale.

Should you do as the client requests and omit including information about the pass-through way on the deed?
If you do so and that information should have been included, what paralegal ethical responsibility rules might you be violating?
What professional responsibility rules might your attorney be charged with violating by presenting the deed without such information?
Post your answers on the Discussion. Remember to respond to at least two other students’ comments.

Read Morrow v. Shotwell, 477 S.W. 2d 538 (Tex. 1972) here

In light of that opinion and your text assignments, analyze this fact setting.

Buyer offers to buy a single family dwelling from Developer. The actual residence is located on lot 9 Block C, in Hollyoak a subdivision in Big City, Texas. Developer’s clerk mistakenly enters the description as Lot 8, Block C on all documents relating to this sale. The error is discovered when Buyer begins to move in and find the house is occupied by a subsequent purchaser. The house located on Lot 8 is totally unsatisfactory to buyer’s wife. Does buyer have a remedy? What advice would you offer to buyer? If you represent contractor, what would you advise him?

Post your answers on the Discussion. Remember to respond to at least two other students’ comments.

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