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Ann sells to Bob property, which has a $50,000 mortgage in favor of First Bank. Bob purchases the property subject to the mortgage. The value of the property declines and there is a default on the mortgage. When First Bank forecloses, the property sells for only $30,000.
a. Can First Bank recover the $20,000 balance from Bob? Explain.
b. Can First Bank recover the $20,000 from Ann? Explain.
c. What rights does Bob have during and after the foreclosure?
No, Bob purchased the property "subject to" the mortgage. This means that the
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A political and moral philosophy based on liberty, consent of the governed, and equality before the law, emphasizing individual rights, democracy, and free markets.
Limited Government
A governing philosophy where governmental power is restricted by law, often in order to protect citizens' freedoms and rights.
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