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Anonymous

I originally thought it was D, but now I am going with A. The Deed expressly says that the developer is assuming the mortgage, and by recording the deed and then making the payments on the mortgage, the developer has shown that they have accepted the terms described in the deed. I am guessing/hoping that the actions of the developer are at least as binding as the "magic writing" of a signature.

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It's either A or D. I think it should be A, because the developer assumed the debt when he bought the land, but it's possible that contract law shakes out is that the person who took out the mortgage is the one the bank can sue, and the landowner then has to sue the developer separately. Answer A would be less complicated.