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The mother timely objected to the foreclosure proceedings against the motel. The bank responded that it had the right to include both the commercial building and the motel in the foreclosure proceedings.
Five years later, after real estate values had dropped considerably, the man defaulted on the loan from the bank. After acceleration, the bank initiated foreclosure proceedings against both the commercial building and the motel owned by the mother.
A man borrowed money from a bank to finance the purchase of a commercial building. The man signed a promissory note, which was secured by a mortgage on the building. Because the man had few other unencumbered assets, the bank required additional security. The man's mother granted the bank a mortgage on a motel that she owned, but she did not sign a promissory note. Both mortgages were promptly recorded.
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B is incorrect. The mother is not personally liable on the debt. She did not sign a note secured by the mortgage nor did she ever agree to assume payment of the mortgage.
C is incorrect. Although the mother did not become liable for her son's debt by signing the promissory note, her mortgaging the motel gave the bank the right to foreclose on both properties.
D is incorrect. The bank's mortgage on the motel is enforceable because the mother signed the mortgage, and it was properly recorded.