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A buyer agrees to assume an existing VA loan on a property. The lender approves the assumption and releases the original borrower from liability. What has occurred?

Correct Answer

B) A novation, because the lender has substituted the new borrower and released the original borrower

When a lender approves an assumption and releases the original borrower from all liability, this is a novation -- a new obligation is substituted for the old one with the original party released.

Answer Options
A
A purchase subject to the existing loan
B
A novation, because the lender has substituted the new borrower and released the original borrower
C
A wraparound mortgage
D
A land contract

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