In a situation where a buyer does not assume a mortgage, what happens if the deed is silent regarding the mortgage?

When a buyer does not assume a mortgage, the implications depend significantly on the terms of the mortgage agreement and the actions taken by the parties involved. If the deed is silent regarding the mortgage, this typically indicates that the buyer has not agreed to take on the mortgage obligation.

In this scenario, the original borrower remains responsible for the mortgage debt. The lender has not released the original borrower from liability simply because the deed does not mention the mortgage. Therefore, if payments are not made, the lender can still pursue the original borrower for the outstanding debt. The mortgage remains in effect and enforceable against the original borrower, and the lender retains the right to foreclose if the mortgage is defaulted upon.

This understanding aligns with real estate law principles, where a buyer's non-assumption of a mortgage generally does not release the original borrower from the obligation, hence maintaining their responsibility for the mortgage debt even when the deed lacks reference to it.