Escrow & Title

A Mississippi property is being sold with an existing deed of trust that the buyer will not assume. At closing, the settlement agent should confirm that:

AThe buyer agrees to make the seller's mortgage payments
BThe existing deed of trust lien will be paid off and released from the title as part of the closing✓ Correct
CThe existing lien can be paid off at any future date
DTitle insurance will cover the existing lien

Explanation

Unless the buyer is assuming the existing mortgage, the existing deed of trust must be paid in full at closing, and the lender must provide (and record) a release of lien before or simultaneously with the buyer's new deed of trust being recorded. Clear title requires elimination of the prior lien.

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