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It can't hurt much if your state is 50% MBE. Points are points. Practice questions are pretty helpful if you can remember the factual distinctions.

But you have to weigh your time. Could you significantly advance yourself in a couple essay topics in the 5 hours you'd need to do the test and review?

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How are fellow NY takers feeling? Apparently BarBri essay graders are much stricter than the Bar Examiners? --i.e., if you were getting 4's, on the real thing it's no less than a 5 and likely a 6.

hopkins23 wrote: Been focusing on the essays for the past 2 weeks hardcore (almost exclusively). I'm in CA, so it's not 50%.

Cal is 35%? I really don't know then. Points are points. Do a time vs. benefit analysis for each path.

I'm told the NCBE questions on their paid online tests are very similar to the real MBE. If that is the case, then the real MBE is just about like MPQ2 mixed sets 1-7 in difficulty, in my experience. So maybe you want to see the difficulty that you might be facing.

joban224 wrote:How are fellow NY takers feeling? Apparently BarBri essay graders are much stricter than the Bar Examiners? --i.e., if you were getting 4's, on the real thing it's no less than a 5 and likely a 6.

Thats what I've heard. And now that I look back at BarBri's sample essays, it seems like 4's aren't even all that good an an answer anyway. I feel like, just by noting the right issues, with just some baseline discussion, you get a 5. Add in some supplementary points (i.e. noting viable exceptions, saying the summary judgment standard if its a motion for SJ, etc.) and I think it would be very hard to get below a 5.

kaiser wrote:

joban224 wrote:How are fellow NY takers feeling? Apparently BarBri essay graders are much stricter than the Bar Examiners? --i.e., if you were getting 4's, on the real thing it's no less than a 5 and likely a 6.

Thats what I've heard. And now that I look back at BarBri's sample essays, it seems like 4's aren't even all that good an an answer anyway. I feel like, just by noting the right issues, with just some baseline discussion, you get a 5. Add in some supplementary points (i.e. noting viable exceptions, saying the summary judgment standard if its a motion for SJ, etc.) and I think it would be very hard to get below a 5.

If that's true, then the 7 i scored on my last essay will just about end my studying.

copped that 159 on NCBE practice test 2 yesterday (77 raw) after 143 (68 raw) on test 1. weird spread, but I think i was just off my game for test 1. shows the value of rest/focus. will do test 3 for final tune-up tomorrow, and spend monday on essays/relaxing.

bros, we are ready. anybody else think this is going to be fun?

c3pO4 wrote:copped that 159 on NCBE practice test 2 yesterday (77 raw) after 143 (68 raw) on test 1. weird spread, but I think i was just off my game for test 1. shows the value of rest/focus. will do test 3 for final tune-up tomorrow, and spend monday on essays/relaxing.

bros, we are ready. anybody else think this is going to be fun?

too much fun to handle. You're sick!

I always convince myself on test day that the test will be fun.

If joint tenant A gets a mortgage on his interest (in a lien theory state), is the property released from the mortgage on A's death?

So if A-B-C are joint tenants, A gets a mortgage on the property then dies, who owns the land?

- A-B as joint tenants with Bank as tenant in common? A-B as joint tenants over the entire property?

and what about in a title state? tyia!

Last WTF LOL Barbri post and then I'm out:

NY Essay 97. Interrogatory 2) What causes of action can be instituted on behalf of the (decedent in a car accident)?

Model Answer:

i) personal injury and wrongful death blahblahblah

ii) Indemnity: (Owner of car v. Driver of car)

I'm sorry BarBri. I'm sorry that I didn't include in my answer the indemnity claim that a vicariously liable car owner has against the driver that CAN BE BROUGHT BY THE ESTATE OF THE DECEDENT. Guess I'll just have to live with not getting that 1/2 point.

KeepitKind wrote:If joint tenant A gets a mortgage on his interest (in a lien theory state), is the property released from the mortgage on A's death?

So if A-B-C are joint tenants, A gets a mortgage on the property then dies, who owns the land?

- A-B as joint tenants with Bank as tenant in common? A-B as joint tenants over the entire property?

and what about in a title state? tyia!

In a lien theory state, the bank would have no interest in the property upon A's death. The property would then be held by B and C as joint tenants.

In a title theory state, I think the mortgage would break the joint tenancy. Once the mortgage attaches, A's share would be a tenant in common because the one of the 4 unities is broken (title). I think B and C would still be tenants in common joint tenants over the remaining 2/3s interest. (I'm not 100% sure about this title theory part)

edit: correction based on comment below.

Scurredsitless1 wrote:

KeepitKind wrote:If joint tenant A gets a mortgage on his interest (in a lien theory state), is the property released from the mortgage on A's death?

So if A-B-C are joint tenants, A gets a mortgage on the property then dies, who owns the land?

- A-B as joint tenants with Bank as tenant in common? A-B as joint tenants over the entire property?

and what about in a title state? tyia!

In a lien theory state, the bank would have no interest in the property upon A's death. The property would then be held by B and C as joint tenants.

In a title theory state, I think the mortgage would break the joint tenancy. Once the mortgage attaches, A's share would be a tenant in common because the one of the 4 unities is broken (title). I think B and C would still be tenants in common over the remaining 2/3s interest. (I'm not 100% sure about this title theory part)

You're correct.

Scurredsitless1 wrote:

KeepitKind wrote:If joint tenant A gets a mortgage on his interest (in a lien theory state), is the property released from the mortgage on A's death?

So if A-B-C are joint tenants, A gets a mortgage on the property then dies, who owns the land?

- A-B as joint tenants with Bank as tenant in common? A-B as joint tenants over the entire property?

and what about in a title state? tyia!

In a lien theory state, the bank would have no interest in the property upon A's death. The property would then be held by B and C as joint tenants.

In a title theory state, I think the mortgage would break the joint tenancy. Once the mortgage attaches, A's share would be a tenant in common because the one of the 4 unities is broken (title). I think B and C would still be tenants in common over the remaining 2/3s interest. (I'm not 100% sure about this title theory part)

A title theory mortgage would sever A from the joint tenancy (whereas a lien theory wouldn't). B & C however, would still be joint tenants with one another, but A would be a tenant in common with both. B & C would still have their right of survivorship intact. And when one of them dies, it is at that point that no more joint tenancy exists. The severance of one joint tenant does NOT sever the JT as between the other joint tenants (assuming there are still multiple joint tenants left).

kaiser wrote:

joban224 wrote:How are fellow NY takers feeling? Apparently BarBri essay graders are much stricter than the Bar Examiners? --i.e., if you were getting 4's, on the real thing it's no less than a 5 and likely a 6.

Thats what I've heard. And now that I look back at BarBri's sample essays, it seems like 4's aren't even all that good an an answer anyway. I feel like, just by noting the right issues, with just some baseline discussion, you get a 5. Add in some supplementary points (i.e. noting viable exceptions, saying the summary judgment standard if its a motion for SJ, etc.) and I think it would be very hard to get below a 5.

I think this is accurate, but I don't think Barbri's essay grading is that far off. The rule of thumb I've seen scattered about the internet is add 2 points to your Barbri scores. I think its more likely that you just get a passing score on an essay Barbri would have graded as failing. I think with everything related to the Bar Examination there is a pretty high diminishing returns on substantially above average performance. I think the guy at the top 1% and the guy at the top 30% are going to come out with similarly high passing scores, but the point is, its PASSING.

Scurredsitless1 wrote:

KeepitKind wrote:If joint tenant A gets a mortgage on his interest (in a lien theory state), is the property released from the mortgage on A's death?

So if A-B-C are joint tenants, A gets a mortgage on the property then dies, who owns the land?

- A-B as joint tenants with Bank as tenant in common? A-B as joint tenants over the entire property?

and what about in a title state? tyia!

In a lien theory state, the bank would have no interest in the property upon A's death. The property would then be held by B and C as joint tenants.

In a title theory state, I think the mortgage would break the joint tenancy. Once the mortgage attaches, A's share would be a tenant in common because the one of the 4 unities is broken (title). I think B and C would still be tenants in common joint tenants over the remaining 2/3s interest. (I'm not 100% sure about this title theory part)

edit: correction based on comment below.

I don't think it's dependent on one of the unities being broken, just that there was a valid convenyance (constructive conveyance I guess? since it's a mortgage). The unities just matter for formation afaik. Think you've got the right answer for the right reasons tho

TBF I could be completely wrong and have no idea that I am

Scurredsitless1 wrote:

KeepitKind wrote:If joint tenant A gets a mortgage on his interest (in a lien theory state), is the property released from the mortgage on A's death?

So if A-B-C are joint tenants, A gets a mortgage on the property then dies, who owns the land?

- A-B as joint tenants with Bank as tenant in common? A-B as joint tenants over the entire property?

and what about in a title state? tyia!

In a lien theory state, the bank would have no interest in the property upon A's death. The property would then be held by B and C as joint tenants.

In a title theory state, I think the mortgage would break the joint tenancy. Once the mortgage attaches, A's share would be a tenant in common because the one of the 4 unities is broken (title). I think B and C would still be tenants in common joint tenants over the remaining 2/3s interest. (I'm not 100% sure about this title theory part)

If and A and B are just tenants in common, and bank gets a lien on A's interest, how exactly does this work in application? Can the bank foreclose?

I took one of the NCBE practice exams and I didn't see a single answer choice that was modified by "if..."

So...Barbri is missing the mark a little bit. I also had been getting abysmal scores on MPQs, took the NCBE test, and I would pass easily if it were real and an accurate representation of what to expect.

I hope folks that struggled trying to get Barbri's "Barbri style" questions right more often don't end up missing things on the real MBE.

rnf1292 wrote:

Scurredsitless1 wrote:

KeepitKind wrote:If joint tenant A gets a mortgage on his interest (in a lien theory state), is the property released from the mortgage on A's death?

So if A-B-C are joint tenants, A gets a mortgage on the property then dies, who owns the land?

- A-B as joint tenants with Bank as tenant in common? A-B as joint tenants over the entire property?

and what about in a title state? tyia!

In a lien theory state, the bank would have no interest in the property upon A's death. The property would then be held by B and C as joint tenants.

In a title theory state, I think the mortgage would break the joint tenancy. Once the mortgage attaches, A's share would be a tenant in common because the one of the 4 unities is broken (title). I think B and C would still be tenants in common joint tenants over the remaining 2/3s interest. (I'm not 100% sure about this title theory part)

If and A and B are just tenants in common, and bank gets a lien on A's interest, how exactly does this work in application? Can the bank foreclose?

It's a "use it or lose it" situation, risk of A dying is on them if it happens before A pays it off or defaults.

Man, do I royally suck at MPT's.

And I took every practical writing class that my school offered.

I hate my life right now. (in addition to my lack of confidence in general)

blong4133 wrote:Man, do I royally suck at MPT's.

And I took every practical writing class that my school offered.

I hate my life right now. (in addition to my lack of confidence in general)

What did you find that made it difficult? Just synthesizing everything? Time pressure? Sifting out the extraneous stuff?

Anyone else getting incredibly lazy? I worked hard all summer but now I find myself really just wanting to veg out and chill. Sick of rotating outlines/ essays. Should I be chillin or gunning right now?

BCLS wrote:Anyone else getting incredibly lazy? I worked hard all summer but now I find myself really just wanting to veg out and chill. Sick of rotating outlines/ essays. Should I be chillin or gunning right now?

I am right there with you. Been working hard since June 1st and just want to sit back and relax this weekend. Really hard to study.

kaiser wrote:

blong4133 wrote:Man, do I royally suck at MPT's.

And I took every practical writing class that my school offered.

I hate my life right now. (in addition to my lack of confidence in general)

What did you find that made it difficult? Just synthesizing everything? Time pressure? Sifting out the extraneous stuff?

A little bit of everything. I've written so many briefs/motions etc in classes and internships, I just try to use every fact. It's hard for me to read someone and just strike it as irrelevant, because I'm so used to trying to use everything to try and help my argument/distinguish it from mine.

The time pressure doens't help either. My buddy who passed last year (and wrote, rather than typed) said that he finished both MPT's in 2 hours and 45 minutes. I type pretty fast and I'm lucky if I finish 2 or 3 minutes early. If I finish one early, it's at most 2 - 3 minutes.

I get the main issues and am able to discuss them, but it just takes me so long to sift through the crap and get myself organized.

kaiser wrote:

blong4133 wrote:Man, do I royally suck at MPT's.

And I took every practical writing class that my school offered.

I hate my life right now. (in addition to my lack of confidence in general)

What did you find that made it difficult? Just synthesizing everything? Time pressure? Sifting out the extraneous stuff?

Those Barbri model answers..... they are sooo ridiculous. So ridiculous.....