Next Generation Bar Exam Quiz
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REAL PROPERTY
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Carlos and Dana own Whiteacre as joint tenants with right of survivorship. A creditor obtained a judgment against Carlos alone and recorded it in the county where Whiteacre is located. The recording statute provides that a recorded judgment is a lien on all real property interests of the judgment debtor but does not by itself permit seizure or sale of property. Carlos died before any execution or forced sale of his interest occurred. The creditor claims that its lien attached to Carlos's interest and survives his death; Dana claims that she owns Whiteacre free of the lien.
Who prevails?
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