Property OwnershipIntermediateCalifornia Exam

A buyer purchases a property subject to an existing mortgage. What is the buyer's liability if the lender forecloses?

AThe buyer is personally liable for any deficiency judgment
BThe buyer has no personal liability; the original borrower remains liableCorrect
CThe buyer and seller share the deficiency equally
DThe buyer is liable only for the amount of the down payment

Why The buyer has no personal liability; the original borrower remains liable Is Correct

Answer B: The buyer has no personal liability; the original borrower remains liable

When a buyer takes 'subject to' an existing mortgage, they do not assume personal liability for the debt. The original borrower remains personally liable, and the buyer risks only losing the property in foreclosure.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

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