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Question 1
Carla wants to buy Cheersacre. However, she does not have the $400,000 that Rebecca, the owner of Cheersacre is demanding. So, she borrows $400,000 from Sam and uses Cheersacre as collateral for the loan. Sam is the...
Correct
Incorrect!
Correct The person who lends the money and received the mortgage interest is called the mortgagee. The borrower and the giver of the mortgage is the mortgagor.
Incorrect! The person who lends the money and received the mortgage interest is called the mortgagee. The borrower and the giver of the mortgage is the mortgagor.
Correct
Incorrect!
Question 2
Carla wants to buy Cheersacre. However, she does not have the $400,000 that Rebecca, the owner of Cheersacre is demanding. So, she borrows $400,000 from Sam and uses Cheersacre as collateral for the loan. The mortgage involved is a "purchase money mortgage."
Correct A mortgage loan that is actually used to buy property is known as a purchase money mortgage.
Incorrect! A mortgage loan that is actually used to buy property is known as a purchase money mortgage.
Correct
Incorrect!
Question 3
Red and White are joint tenants in Blueacre. Red wants to borrow $100,000 from First National Bank to take a vacation around the World. However, First National insists on some collateral for the loan. So, Red gives First National a mortgage on his interest in Blueacre. Does this break up the joint tenancy in Blueacre between Red and White?
Correct
Incorrect!
Correct In a jurisdiction that subscribes to the title theory of mortgages, one joint tenant mortgaging his or her interest would break up the tenancy because it would be considered a transfer in title. However, in a lien theory jurisdiction, one joint tenancy mortgaging his or her interest would not break up the joint tenancy.
Incorrect! In a jurisdiction that subscribes to the title theory of mortgages, one joint tenant mortgaging his or her interest would break up the tenancy because it would be considered a transfer in title. However, in a lien theory jurisdiction, one joint tenancy mortgaging his or her interest would not break up the joint tenancy.
Correct
Incorrect!
Correct
Incorrect!
Question 4
An equitable mortgage will be inferred when...
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Correct
Incorrect!
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Incorrect!
Correct An equitable mortgage will be inferred when the parties clearly intended to create a mortgage, but the mortgage was never reduced to writing. The most common scenario in which an equitable mortgage will be inferred is where the buyer gives the deed to the lender with the intent that the lender hold the deed as collateral. Despite the lack of a writing, courts will infer that the parties meant the arrangement to be a mortgage.
Incorrect! An equitable mortgage will be inferred when the parties clearly intended to create a mortgage, but the mortgage was never reduced to writing. The most common scenario in which an equitable mortgage will be inferred is where the buyer gives the deed to the lender with the intent that the lender hold the deed as collateral. Despite the lack of a writing, courts will infer that the parties meant the arrangement to be a mortgage.
Question 5
A mortgagee holds which of the following rights in mortgaged property?
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Correct When property is mortgaged, both the mortgagor and mortgagee own some interest in the property. The mortgagor holds possession, while the mortgagee holds the right to repossess if the mortgagor defaults on the loan. Neither party can transfer a complete interest in the property because neither party owns a complete interest in the property.
Incorrect! When property is mortgaged, both the mortgagor and mortgagee own some interest in the property. The mortgagor holds possession, while the mortgagee holds the right to repossess if the mortgagor defaults on the loan. Neither party can transfer a complete interest in the property because neither party owns a complete interest in the property.
Correct
Incorrect!
Question 6
Fred takes out a mortgage of $200,000 on Blackacre from Acme Bank. Acme assigns the mortgage to Bloomer Bank for valid consideration. Fred claims that he signed the mortgage note when he was a minor. Can he use that defense against a repossession action by Bloomer?
Correct Even a holder in due course takes an instrument subject to the real defenses of the debtor. Incapacity (which includes the claim that a signer was a child) is a real defense. Thus, Bloomer's mortgage is subject to Fred's defense of incapacity.
Incorrect! Even a holder in due course takes an instrument subject to the real defenses of the debtor. Incapacity (which includes the claim that a signer was a child) is a real defense. Thus, Bloomer's mortgage is subject to Fred's defense of incapacity.
Correct
Incorrect!
Correct
Incorrect!
Correct
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Question 7
Fred takes out a mortgage of $200,000 on Blackacre from Acme Bank. Acme assigns the mortgage to Bloomer Bank for valid consideration. Fred claims that the terms of the mortgage note are unconscionable. Can he use that defense against a repossession action by Bloomer?
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Incorrect!
Correct
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Correct A holder in due course takes an instrument free of the personal defenses between the mortgagor and mortgagee. Unconscionability is a personal defense. Therefore, if Bloomer is a holder in due course, it will not be subject to Fred's defense of unconscionability.
Incorrect! A holder in due course takes an instrument free of the personal defenses between the mortgagor and mortgagee. Unconscionability is a personal defense. Therefore, if Bloomer is a holder in due course, it will not be subject to Fred's defense of unconscionability.
Correct
Incorrect!
Question 8
Fred takes out a mortgage of $200,000 on Blackacre from Acme Bank on April 1, 2003. The mortgage is not recorded right away. On May 1, 2003, Fred sells Blackacre to Barney. Barney records his deed on May 2, 2003. Finally, on May 15, 2003, Acme records its mortgage. Is Blackacre still subject to Acme's mortgage?
Correct
Incorrect!
Correct If a mortgage is not recorded, then the transferee of the land cannot be expected to know of the mortgage. Therefore, if the mortgage is not recorded, a transferee will take the land completely free of the mortgage.
Incorrect! If a mortgage is not recorded, then the transferee of the land cannot be expected to know of the mortgage. Therefore, if the mortgage is not recorded, a transferee will take the land completely free of the mortgage.
Correct
Incorrect!
Question 9
Fred takes out a mortgage of $200,000 on Blackacre from Acme Bank on April 1, 2003. The mortgage is not recorded right away. On May 1, 2003, Fred sells Blackacre to Barney. On May 15, 2003, Acme records its mortgage. On May 20, Barney records his deed. Is Blackacre still subject to Acme's mortgage?
Correct
Incorrect!
Correct
Incorrect!
Correct The best answer here is maybe. Recall that the rules regarding the applicability of a mortgage against a subsequent purchaser are the same as the subsequent purchaser rules discussed in the previous chapter. Therefore, assuming that Barney is a bona-fide purchaser for value, the answer to this question depends on whether the jurisdiction is a notice jurisdiction or a race-notice jurisdiction. If it is a notice jurisdiction, then Barney takes Blackacre free of Acme's mortgage because he is a subsequent bona-fide purchaser. However, in a race-notice jurisdiction, Acme would prevail because Acme recording its mortgage first. Therefore, Barney would take Blackacre still subject to Acme's mortgage interest.
Incorrect! The best answer here is maybe. Recall that the rules regarding the applicability of a mortgage against a subsequent purchaser are the same as the subsequent purchaser rules discussed in the previous chapter. Therefore, assuming that Barney is a bona-fide purchaser for value, the answer to this question depends on whether the jurisdiction is a notice jurisdiction or a race-notice jurisdiction. If it is a notice jurisdiction, then Barney takes Blackacre free of Acme's mortgage because he is a subsequent bona-fide purchaser. However, in a race-notice jurisdiction, Acme would prevail because Acme recording its mortgage first. Therefore, Barney would take Blackacre still subject to Acme's mortgage interest.
Question 10
Donald owns Trumpacre. First Bank holds a mortgage on Trumpacre of $300,000 that is dated January 1, 1999. Second Bank holds a mortgage on Trumpacre of $100,000 that is dated January 1, 2000. Third Bank holds a mortgage on Trumpacre of $500,000 that is dated January 1, 2001. Fourth Bank holds a mortgage on Trumpacre of $200,000 that is dated January 1, 2002.If Third brings a foreclosure action and Trumpacre is sold for $500,000 after costs, how much of that will Third receive?
Correct
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Correct
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Correct Since Third is bringing the foreclosure action, they will get paid off first from the proceeds of the foreclosure sale.
Incorrect! Since Third is bringing the foreclosure action, they will get paid off first from the proceeds of the foreclosure sale.
Question 11
Donald owns Trumpacre. First Bank holds a mortgage on Trumpacre of $300,000 that is dated January 1, 1999. Second Bank holds a mortgage on Trumpacre of $100,000 that is dated January 1, 2000. Third Bank holds a mortgage on Trumpacre of $500,000 that is dated January 1, 2001. Fourth Bank holds a mortgage on Trumpacre of $200,000 that is dated January 1, 2002.If Third brings a foreclosure action and Trumpacre is sold for $700,000 after costs, how much of that will First receive?
Correct Mortgages that are superior to the one that is being foreclosed do not get any of the proceeds from the foreclosure sale. Instead, their mortgages simply remain intact.
Incorrect! Mortgages that are superior to the one that is being foreclosed do not get any of the proceeds from the foreclosure sale. Instead, their mortgages simply remain intact.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 12
Donald owns Trumpacre. First Bank holds a mortgage on Trumpacre of $300,000 that is dated January 1, 1999. Second Bank holds a mortgage on Trumpacre of $100,000 that is dated January 1, 2000. Third Bank holds a mortgage on Trumpacre of $500,000 that is dated January 1, 2001. Fourth Bank holds a mortgage on Trumpacre of $200,000 that is dated January 1, 2002.If Third brings a foreclosure action and Trumpacre is sold for $600,000 after costs, how much of that will Fourth receive?
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Correct Since Fourth's mortgage is subordinate to Third's mortgage, Fourth's mortgage gets satisfied after Third's is paid off. In this case, there is $100,000 left over after the $500,000 is used to pay off Third's mortgage.
Incorrect! Since Fourth's mortgage is subordinate to Third's mortgage, Fourth's mortgage gets satisfied after Third's is paid off. In this case, there is $100,000 left over after the $500,000 is used to pay off Third's mortgage.
Correct
Incorrect!
Question 13
Donald owns Trumpacre. First Bank holds a mortgage on Trumpacre of $300,000 that is dated January 1, 1999. Second Bank holds a mortgage on Trumpacre of $100,000 that is dated January 1, 2000. Third Bank holds a mortgage on Trumpacre of $500,000 that is dated January 1, 2001. Fourth Bank holds a mortgage on Trumpacre of $200,000 that is dated January 1, 2002.If Third brings a foreclosure action and Trumpacre is sold at the foreclosure sale, will Second's mortgage on Trumpacre be extinguished?
Correct
Incorrect!
Correct A mortgage that is superior to the mortgage that is being foreclosed upon is not extinguished by a foreclosure. First and Second's mortgages will both remain intact.
Incorrect! A mortgage that is superior to the mortgage that is being foreclosed upon is not extinguished by a foreclosure. First and Second's mortgages will both remain intact.
Question 14
Donald owns Trumpacre. First Bank holds a mortgage on Trumpacre of $300,000 that is dated January 1, 1999. Second Bank holds a mortgage on Trumpacre of $100,000 that is dated January 1, 2000. Third Bank holds a mortgage on Trumpacre of $500,000 that is dated January 1, 2001. Fourth Bank holds a mortgage on Trumpacre of $200,000 that is dated January 1, 2002.If Third brings a foreclosure action and Trumpacre is sold for $800,000 after costs, how much of that will Donald receive?
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Incorrect!
Correct
Incorrect!
Correct When the appropriate mortgagees are paid off from a foreclosure sale, the mortgagor gets the remaining proceeds, if any. Here, Third gets its $500,000 and Fourth gets its $200,000. First and Second get nothing, but have their interests remain intact, because their mortgages are superior to Third's. So, $100,000 I left for Donald to receive.
Incorrect! When the appropriate mortgagees are paid off from a foreclosure sale, the mortgagor gets the remaining proceeds, if any. Here, Third gets its $500,000 and Fourth gets its $200,000. First and Second get nothing, but have their interests remain intact, because their mortgages are superior to Third's. So, $100,000 I left for Donald to receive.
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Question 15
Donald owns Trumpacre. First Bank holds a mortgage on Trumpacre of $300,000 that is dated January 1, 1999. Second Bank holds a mortgage on Trumpacre of $100,000 that is dated January 1, 2000. Third Bank holds a mortgage on Trumpacre of $500,000 that is dated January 1, 2001. Fourth Bank holds a mortgage on Trumpacre of $200,000 that is dated January 1, 2002.First brings the foreclosure action and Trumpacre is sold for $500,000 after costs. Will Fourth's mortgage become extinguished?
Correct Even though Fourth will not get any money (there won't even be enough to pay back First, second and Third), Fourth's mortgage will be extinguished because the foreclosure action was brought by a holder of a mortgage that is superior to Fourth's mortgage. Fourth's only remedy is a deficiency action against Donald.
Incorrect! Even though Fourth will not get any money (there won't even be enough to pay back First, second and Third), Fourth's mortgage will be extinguished because the foreclosure action was brought by a holder of a mortgage that is superior to Fourth's mortgage. Fourth's only remedy is a deficiency action against Donald.