Escrow & TitleIntermediateArizona Exam

When a buyer 'assumes' an existing mortgage in Arizona, the buyer:

ATakes on full personal liability for the outstanding debt, and the original seller is automatically and unconditionally released from all further liability to the lender
BTakes on personal liability for the debt, and the seller may also remain liable unless released by the lenderCorrect
CTakes over the mortgage and its payment obligations without incurring any personal liability for the debt if the loan balance exceeds the property's current market value
DMust obtain entirely new financing rather than assuming the existing loan, since Arizona law prohibits mortgage assumptions on any loan originated after January 2014

Why Takes on personal liability for the debt, and the seller may also remain liable unless released by the lender Is Correct

Answer B: Takes on personal liability for the debt, and the seller may also remain liable unless released by the lender

When a buyer assumes a mortgage, they become personally liable for the debt. The original borrower (seller) typically remains secondarily liable unless the lender formally releases them through a novation or assumption agreement.

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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