Ryan Mills sold his home for $21,500 and took back a $15,000 note with interest at 10% per annum. The note was secured by a first mortgage. The home had a fair market value of $20,000. Later, he decided to sell the mortgage and note and discounted the note to $13,500. He sold them to Cindy Lomez. On the back of the note, he wrote, "I hereby assign the within note to Cindy Lomez without recourse." If the maker of the note defaults before any principal payments are made, Lomez's best legal remedy is to:

A: Foreclose to recover the $13,500;
B: Recover from Mills based upon her $13,500 note;
C: Sue her assignor based upon the endorsee's secondary liability;
D: Foreclose to enforce payment of the $15,000.

Answer: D: Foreclose to enforce payment of the $15,000.

Business

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