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0 tracked cards Real Property

Owner signs a note and mortgage on Owner's house. The jurisdiction follows lien theory.
Which statement best describes the mortgagee's interest before foreclosure?

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A mortgage eliminates the debt because the land replaces the note. The mortgage gives the lender fee simple title and immediate possession in all jurisdictions. A mortgage is void unless the lender occupies the property. In a lien-theory jurisdiction, the mortgage is treated as a lien and the mortgagor generally retains title and possession until foreclosure.

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