Angela owns property in Nassau County that she purchased with a full covenant and warranty deed. She discovers that the property has an outstanding judgment lien from 8 years ago that was properly recorded but not disclosed at her closing. The judgment was against a previous owner in the chain of title, not Angela's immediate grantor. What is Angela's best legal recourse under New York law?
Correct Answer
B) Sue her immediate grantor for breach of the covenant against encumbrances
Under a full covenant and warranty deed in New York, the covenant against encumbrances warrants that the property is free from all encumbrances, including those created by previous owners in the chain of title. Angela can sue her immediate grantor for breach of this covenant, even though the judgment lien was created by a previous owner, not her grantor.
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