Assumption Automatically Releases Transferor
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
14955_bethlehem_bread_assumption · REAL_PROPERTY · Choice AYes, because the transfer of the mortgage debt to Timothy worked as a novation and left Timothy solely responsible for any deficiency.
Why it's attractive
The answer adds sole responsibility and novation even though the stem gives only assumption language.
Why it's wrong
The answer adds sole responsibility and novation even though the stem gives only assumption language.
14955_bethlehem_bread_assumption · REAL_PROPERTY · Choice CNo, because even though Timothy assumed the mortgage, Ruth remains the only person responsible for any deficiency.
Why it's attractive
The answer admits assumption and then reverses the effect of assumption.
Why it's wrong
The answer admits assumption and then reverses the effect of assumption.
14955_bethlehem_bread_assumption · REAL_PROPERTY · Choice DNo, because Timothy never signed the original promissory note payable to Harbor Credit Union and therefore cannot have personal liability.
Why it's attractive
The answer invents a requirement that Timothy sign the original note, despite the later assumption agreement.
Why it's wrong
The answer invents a requirement that Timothy sign the original note, despite the later assumption agreement.
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