B is corrent. When a purchaser of property assumes a mortgage note, s/he promises the mortgagor that s/he will pay the mortgage debt. However, the mortgagor is not relieved of his/her own duty to pay the debt, but the mortgagor does have a right to insist that the purchaser make payment. The mortgagee can look to either party for payment--the mortgagor on the basis of the original mortgage agreement, or the purchaser on the basis of being a third-party beneficiary of the assumption agreement. Thus, in this case, Eagle can sue either Spear or Omega. A is incorrect. When a purchaser of property assumes a mortgage note, s/he promises the mortgagor that s/he will pay the mortgage debt. However, the mortgagor is not relieved of his/her own duty to pay the debt, but the mortgagor does have a right to insist that the purchaser make payment. The mortgagee can look to either party for payment--the mortgagor on the basis of the original mortgage agreement, or the purchaser on the basis of being a third-party beneficiary of the assumption agreement. Thus, in this case, Eagle can sue either Spear or Omega. A is incorrect. When a purchaser of property assumes a mortgage note, s/he promises the mortgagor that s/he will pay the mortgage debt. However, the mortgagor is not relieved of his/her own duty to pay the debt, but the mortgagor does have a right to insist that the purchaser make payment. The mortgagee can look to either party for payment--the mortgagor on the basis of the original mortgage agreement, or the purchaser on the basis of being a third-party beneficiary of the assumption agreement. Thus, in this case, Eagle can sue either Spear or Omega. D is incorrect. When a purchaser of property assumes a mortgage note, s/he promises the mortgagor that s/he will pay the mortgage debt. However, the mortgagor is not relieved of his/her own duty to pay the debt, but the mortgagor does have a right to insist that the purchaser make payment. The mortgagee can look to either party for payment--the mortgagor on the basis of the original mortgage agreement, or the purchaser on the basis of being a third-party beneficiary of the assumption agreement. Thus, in this case, Eagle can sue either Spear or Omega.
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