Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 5

Lois and Jeffrey Arnold owned their home jointly. Jeffrey executed a promissory note for $128,000 to Advantage Bank (Advantage) using the home as collateral. Lois did not sign the note. Both Arnolds signed a mortgage of the home to Advantage. When Jeffrey died, title to the home immediately vested in Lois. There was default on the loan, and Advantage tried to foreclose on the mortgage. Lois asked the court to prevent the foreclosure arguing that Advantage could not enforce the note against her, so it could not enforce the mortgage. Was Lois liable on the note?