medium · National Real Estate Exam financing

A property is sold with a $250,000 mortgage. The buyer takes title 'subject to' the mortgage.

If the property value increases to $350,000 and the buyer defaults, what happens to the $100,000 in equity?

  1. It belongs to the buyer, provided it remains after the foreclosure sale and all liens are paid.
  2. It is automatically forfeited to the lender as a penalty for default.
  3. It is split 50/50 between the buyer and the seller under the doctrine of shared appreciation.
  4. It must be returned to the original seller because the buyer was never personally liable.

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