If a grantee takes title to property "subject to" a mortgage, who is responsible for making the mortgage payments?

Study for the Alabama Real Estate Post-License Exam. Engage with flashcards and multiple-choice questions, with hints and explanations for each question. Get ready to excel on your exam!

When a grantee takes title to property "subject to" a mortgage, it means that the grantee acquires ownership of the property while the existing mortgage remains in place. In this scenario, the responsibility for making the mortgage payments typically remains with the original borrower, often the seller who still holds the mortgage in their name.

The grantee enjoys the benefits of ownership but does not assume personal liability for the mortgage. Instead, the seller is still liable for the mortgage obligations unless otherwise negotiated. This arrangement allows the grantee to take control of the property without formally assuming the debt, but payment responsibility stays with the seller until the mortgage is paid off or refinanced. Thus, in this context, it is accurate to state that the seller remains responsible for the mortgage payments.

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