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Question
Spouses bought a house during marriage. The deed conveyed the property "to Dana and Ellis, married spouses, as tenants by the entirety." State law recognizes tenancy by the entirety and follows the majority rule that one spouse acting alone cannot sever or convey the entireties estate. Dana later borrowed $120,000 from Bank and signed a mortgage on the house without Ellis's knowledge or signature. Dana also owed a separate judgment debt to Creditor for a business tort unrelated to the marriage.
Bank seeks to foreclose on the house. Creditor seeks to force a sale to satisfy Dana's judgment. Ellis objects, arguing that Ellis never consented to the mortgage and that Dana's separate creditor cannot reach the house while the marriage continues. Dana then dies before foreclosure is completed.
Discuss the property rights of Ellis, Bank, and Creditor before and after Dana's death.