Under after-acquired property clauses in mortgages, which statement is true?

Prepare for the Themis MBE Real Property Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your test!

Multiple Choice

Under after-acquired property clauses in mortgages, which statement is true?

Explanation:
The concept hinges on lien priority when multiple security interests encumber the same property. A purchase-money mortgage is inherently prioritized because it secures the buyer’s purchase of the property itself. An after-acquired property clause attempts to extend that security to property the borrower later acquires, but it cannot outrank the purchase-money mortgage. In foreclosure or payoff, the purchase-money mortgage would be paid first from the proceeds, and the after-acquired-property security would be subordinate to whatever remains. This is why, in this context, the statement that an after-acquired property clause is always junior to a purchase-money mortgage best fits the rule.

The concept hinges on lien priority when multiple security interests encumber the same property. A purchase-money mortgage is inherently prioritized because it secures the buyer’s purchase of the property itself. An after-acquired property clause attempts to extend that security to property the borrower later acquires, but it cannot outrank the purchase-money mortgage. In foreclosure or payoff, the purchase-money mortgage would be paid first from the proceeds, and the after-acquired-property security would be subordinate to whatever remains. This is why, in this context, the statement that an after-acquired property clause is always junior to a purchase-money mortgage best fits the rule.

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