Asked by Nguyên Tr?ng on Jun 08, 2024

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Xavier deeds to Peter,a trustee,his property in the form of security for the loan,which is lent by Smith,the beneficiary of the trust.The nature of this transaction renders it as a deed of trust.Under these circumstances,if Xavier defaults to pay the loan,which of the following is the appropriate way in which Smith can recover his loan?

A) By asking Xavier to enter into an action and sale contract
B) By exercising the right of exoneration
C) By exercising right of reimbursement
D) By notifying Peter to sell the property

Deed of Trust

A legal document used in some states that involves three parties—the borrower, the lender, and the trustee—and it serves as a lien on real property.

Default

The failure to fulfill a legal obligation, especially the failure to pay back a loan according to the agreed-upon terms.

Beneficiary

An individual or entity entitled to receive benefits or assets under a legal instrument, such as a will, trust, or insurance policy.

  • Discern the rights and responsibilities of parties involved during the processes of mortgage payoff, default, and foreclosure actions.
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AH
Ashley HopkinsJun 11, 2024
Final Answer :
D
Explanation :
If the debtor fails to make a required payment on the debt,the trustee does not sell the property until the lender notifies him that the borrower is in default and demands that the property be sold.The trustee must notify the debtor that he is in default and that the land will be sold.