Under which deed category might there be a disguised mortgage if an obligation is created at or before the transfer?

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 which deed category might there be a disguised mortgage if an obligation is created at or before the transfer?

Explanation:
In real estate law, a disguised mortgage happens when the transaction is labeled as a sale, but in substance it secures a debt with the property. The key clue is that an obligation to repay is created at or before the transfer, so the deed’s form is being used to secure the loan rather than to convey unencumbered ownership. This makes the proper category a disguised mortgage because the transfer functions as security for a debt, not as a clean sale with clear title free of debt. The other options don’t fit as well: a valid sale with no security lacks any debt to secure, an installment land contract involves a payment plan and a distinct form of sale rather than a loan secured by the title, and a lease does not transfer ownership at all.

In real estate law, a disguised mortgage happens when the transaction is labeled as a sale, but in substance it secures a debt with the property. The key clue is that an obligation to repay is created at or before the transfer, so the deed’s form is being used to secure the loan rather than to convey unencumbered ownership.

This makes the proper category a disguised mortgage because the transfer functions as security for a debt, not as a clean sale with clear title free of debt. The other options don’t fit as well: a valid sale with no security lacks any debt to secure, an installment land contract involves a payment plan and a distinct form of sale rather than a loan secured by the title, and a lease does not transfer ownership at all.

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