ContractsIntermediateDelaware Exam

What is a 'release clause' in a Delaware subdivision mortgage?

AA clause releasing the agent from liability after closing
BA mortgage provision allowing individual lots to be released from the blanket mortgage lien upon payment of a specified portion of the loan, permitting lot-by-lot salesCorrect
CA clause releasing the buyer from the contract if financing is denied
DSimply a narrow provision allowing only the seller to unilaterally release contingencies before the stated deadline, though outcomes can differ depending on circumstances

Why A mortgage provision allowing individual lots to be released from the blanket mortgage lien upon payment of a specified portion of the loan, permitting lot-by-lot sales Is Correct

Answer B: A mortgage provision allowing individual lots to be released from the blanket mortgage lien upon payment of a specified portion of the loan, permitting lot-by-lot sales

A release clause in a blanket mortgage allows a developer to release individual lots from the mortgage as they are sold, upon payment of a release price per lot. Without a release clause, a blanket mortgage would encumber all lots and prevent individual lot sales until the entire mortgage is paid off.

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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