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ContractsContract_assignment_and_novationMEDIUM

A borrower wants to transfer a mortgage to a new buyer. The lender agrees to release the original borrower and substitute the new buyer. What has occurred?

Correct Answer

B) Novation

Novation occurs because all parties (lender, original borrower, new borrower) agree to substitute the new party and release the original borrower.

Answer Options
A
Assignment
B
Novation
C
Delegation
D
Loan assumption without release

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Related Topics & Key Terms

Key Terms:

contract_assignment_and_novationcontractsnovationmortgage_transfer

Related Concepts

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

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