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Olex executed a mortgage in favor of Mort encumbering Blackacre, as security for a loan of money from Mort to Olex. Olex subsequently sold Blackacre
Olex executed a mortgage in favor of Mort encumbering Blackacre, as security for a loan of money from Mort to Olex. Olex subsequently sold Blackacre to Tom. The deed from Olex to Tom stated that the conveyance was "subject to an existing mortgage" in favor of Mort. The obligation secured by the mortgage was later defaulted upon, and Mort brought an action against Tom to recover on the obligation. Tom asserted in defense that the deed established that he had not "assumed" the mortgage, and that Mort's only recourse was foreclosure. If Tom is held personally liable to Mort, it will be because: Question 1 options: a) A grantee who takes "subject to" a mortgage is liable for the debt secured by the mortgage. b) Mort is subrogated to Olex's contractual right to proceed against Tom on his implied promise to pay the underlying debt. c) Mort can establish that Tom promised Olex in a separate document that he would pay off the mortgage. d) By assuming the benefit of the mortgage, Tom is estopped from denying his personal liability
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