A Woman Sought to Set Aside a Mortgage on the Grounds

question 77

Multiple Choice

A woman sought to set aside a mortgage on the grounds of misrepresentation, undue influence, and non est factum. She had been persuaded to enter into that mortgage contract with a mortgage company by her doctor. Which of the following is true with regard to these challenges to the mortgage contract?

• A) If she were influenced to sign the mortgage by her doctor and the mortgage benefited the doctor, the court would presume undue influence.
• B) If she were influenced to sign the mortgage by her doctor and the court found undue influence, the mortgage would be void and she wouldn't have to pay the mortgage company.
• C) If she failed to read the mortgage agreement, the mortgage would be void on the basis of non est factum.
• D) If the person who misled her as to the contents of the mortgage agreement honestly thought what he was stating was correct, she could sue for only damages, not rescission.
• E) If the court found that there was undue influence by her doctor, who obtained the money from the mortgage, she would not have to repay the mortgage company.

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