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Multiple Choice
Which type of mortgage clause prevents a buyer from assuming an existing mortgage loan?
A
Subordination clause
B
Due-on-sale clause
C
Prepayment penalty clause
D
Acceleration clause
Verified step by step guidance
1
Understand the concept of a 'Due-on-sale clause': This clause is a provision in a mortgage contract that requires the borrower to pay off the remaining balance of the loan when the property is sold or transferred. It prevents the buyer from assuming the existing mortgage loan.
Compare the 'Due-on-sale clause' with other clauses mentioned in the problem: For example, a 'Subordination clause' deals with the priority of liens, a 'Prepayment penalty clause' imposes a fee for early repayment, and an 'Acceleration clause' allows the lender to demand full repayment if the borrower defaults.
Identify the purpose of the 'Due-on-sale clause': Its primary function is to protect the lender by ensuring that the loan is repaid in full when ownership changes, rather than allowing the buyer to take over the existing loan terms.
Analyze why the 'Due-on-sale clause' is the correct answer: It directly addresses the prevention of a buyer assuming an existing mortgage loan, which is the focus of the question.
Conclude that the 'Due-on-sale clause' is the correct choice based on its definition and purpose, as it aligns with the problem's requirement to prevent loan assumption by a buyer.