Bar Exam Uniform Quiz
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A father loaned his daughter $50,000 to purchase a condominium. The daughter signed and delivered a mortgage instrument to her father, which he properly recorded. The mortgage instrument described the loan amount and the property, but the daughter never signed a separate promissory note. Later, the daughter sought a home equity loan from a bank, which argued that the father's mortgage was unenforceable for lack of an underlying written obligation.
Is the father's mortgage likely to be considered a valid and enforceable lien on the condominium? Select one.
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