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At a closing in March 2026, Andres signed a promissory note and a mortgage to secure a purchase loan on one specific house. How is that mortgage best classified?

Correct Answer

B) A voluntary specific lien against identified real property

A mortgage is a voluntary lien because the borrower knowingly grants it as security for a debt. It is also a specific lien because it attaches to the identified property described in the mortgage instrument rather than to all of the borrower's assets generally.

Answer Options
A
An involuntary general lien against all of Andres's real estate
B
A voluntary specific lien against identified real property
C
A private deed restriction on future land use
D
A personal easement in gross benefiting the lender

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Related Topics & Key Terms

Key Terms:

mortgagevoluntary_lienspecific_liensecurity_instrumentencumbrances

Related Concepts

Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.

Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.

A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.

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