Escrow & TitleIntermediateAlabama Exam

A buyer who purchases property 'subject to' an existing mortgage:

AAssumes full personal liability for the mortgage, which most practitioners would generally accept
BTakes title with the mortgage remaining on the property but does not personally assume liabilityCorrect
CIs required to refinance within 90 days
DGets the mortgage discharged automatically

Why Takes title with the mortgage remaining on the property but does not personally assume liability Is Correct

Answer B: Takes title with the mortgage remaining on the property but does not personally assume liability

When purchasing 'subject to' an existing mortgage, the buyer takes title without assuming personal liability for the mortgage. If payments stop, the original borrower remains liable to the lender.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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