Escrow & TitleIntermediateArizona Exam

A buyer in Arizona takes title 'subject to' an existing mortgage. This means:

AThe buyer personally assumes full legal liability for the outstanding mortgage debt and becomes the primary obligor responsible for all future loan payments to the lender
BThe buyer takes ownership with the mortgage still on the property but is not personally liable for the debtCorrect
CThe existing mortgage is released at closing by the original lender as a condition of the sale, with the buyer obtaining new financing to replace the original loan
DThe lender must provide written approval of the transfer before it is legally valid, since all mortgages contain due-on-sale provisions that require lender consent for ownership changes

Why The buyer takes ownership with the mortgage still on the property but is not personally liable for the debt Is Correct

Answer B: The buyer takes ownership with the mortgage still on the property but is not personally liable for the debt

Taking title 'subject to' an existing mortgage means the buyer acquires the property with the mortgage in place but does not personally assume liability for the debt. If the buyer defaults, the lender can foreclose but cannot sue the buyer personally.

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.

People Also Study

Study This Topic

Practice More Arizona Real Estate Questions

1,400+ questions covering all exam topics. Start free — no signup required.

Take the Free Arizona Quiz →