Ritz owned a building in which there was a duly recorded first mortgage held by Lyn and

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Ritz owned a building in which there was a duly recorded first mortgage held by Lyn and a recorded second mortgage held by Jay. Ritz sold the building to Nunn. Nunn assumed the Jay mortgage and had no actual knowledge of the Lyn mortgage. Nunn defaulted on the payments to Jay. If both Lyn and Jay foreclosed and the proceeds of the sale were insufficient to pay both Lyn and Jay, then:

a. Jay would be paid after Lyn was fully paid.

b. Jay and Lyn would be paid proportionately.

c. Nunn would be personally liable to Lyn but not to Jay.

d. Nunn would be personally liable to Lyn and Jay.

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Anderson's Business Law And The Legal Environment

ISBN: 9780324638189

20th Edition

Authors: David P Twomey, Marianne M Jennings, Ivan Fox

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