ContractsIntermediateAlabama Exam

In a 'subject to' sale, the buyer:

ATakes title free and clear of the existing mortgage
BTakes title subject to the existing mortgage but does not personally assume liability for itCorrect
CAssumes personal responsibility for the existing mortgage, as is typical in most transactions
DObtains a new mortgage to pay off the existing one

Why Takes title subject to the existing mortgage but does not personally assume liability for it Is Correct

Answer B: Takes title subject to the existing mortgage but does not personally assume liability for it

In a 'subject to' transaction, the buyer takes title to the property with the existing mortgage remaining in place, but does not assume personal liability for the debt. The original borrower (seller) remains personally liable.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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