BarBri Thread: People taking Barbri for July 2013 exam Forum

[remz]

Quick property question because it's my worst subject and no matter what I do I can never seem to understand Bona Fide Purchaser.

O sells Blackacre to A. A properly and promptly records the sale and the deed. (would the whole problem end here?)
Now a year later, O is sneaky and sells Blackacre to B.

So who wins (regardless of whether it's a notice or race-notice area) ? Does A win because she recorded the deed at the time of sale? Or does B win because she's the last in time BFP?

Do BFP issues only arise when A fails to record at the closing?

The whole thing makes no sense to me in reality. If I go buy a house tomorrow and record the deed at the closing, then the house should be mine. You're' telling me the seller could then sell the house behind my back to someone else and that person would automatically win because they're the the last in time?

[hds2388]

B is on record notice if A recorded and thus can't be a BFP, I believe.

[hrcycle]

B is on record notice if A recorded and thus can't be a BFP, I believe.

That is my understanding as well. BFP requires good faith without notice.

[Baylan]

Quick property question because it's my worst subject and no matter what I do I can never seem to understand Bona Fide Purchaser.

O sells Blackacre to A. A properly and promptly records the sale and the deed. (would the whole problem end here?).

This is where record notice comes in. If you record the deed, EVERYONE who follows is going to have record notice that you own the property and will not be a BFP and therefore, can't take.

Now a year later, O is sneaky and sells Blackacre to B.

This is only going to matter if A does not record the deed. Either way, if A is using the land (i.e., occupying a house), B is still going to be on constructive notice. Now, if A is not yet using the land and has not recorded the deed, absent other facts B would be a BFP

So who wins (regardless of whether it's a notice or race-notice area) ? Does A win because she recorded the deed at the time of sale? Or does B win because she's the last in time BFP?

Notice and Race Notice is going to matter a lot. If say, for example, O engages in two transactions prior to either recording and there is no other notice, in a race-notice state, whoever records first will win. Off the top of my head, I believe that in a notice state, whoever was the last-in-time to BFP will win.

Do BFP issues only arise when A fails to record at the closing?

Most likely. I can't think of any example where A (who purchased the property first) *immediately* records where A would lose. The entire point of the notice, race notice, and race statutes is to encourage recording immediately. That is why the last-in-time BFP will usually take. Many times, the different schemes will come out the same way, only in a few limited circumstances are they really substantively different in the outcome (even if the rationale is different)

The whole thing makes no sense to me in reality. If I go buy a house tomorrow and record the deed at the closing, then the house should be mine. You're' telling me the seller could then sell the house behind my back to someone else and that person would automatically win because they're the the last in time?

[Stinson]

Sorry if this has been posted on a prior page; I think I read most of the thread but my head is spinning in Barbri land. Are MPQ2's considered fairly representative of the difficulty of the exam? Barbri seems to suggest you try to get 70-80% right on the MBE, and the goal for the MPQ2 sets is 70%, so I figured that is their best guess of the difficulty of the exam. After doing MPQ1, they seem on par difficulty wise with MPQ1 set 1's and 2's. But everything Barbri is a head game. Any ideas on this?

[tfer2222]

is Barbri serious with the amount of stuff it assigned for today? (NY)

[Matteliszt]

is Barbri serious with the amount of stuff it assigned for today? (NY)

You mean you don't have to learn THE ENTIRE SUBJECT OF Wills, review Corporations and NY Practice, do 100ish NYMC, do 4 essays, and watch 6 2+ hour videos????

*shoots self*

[5ky]

is Barbri serious with the amount of stuff it assigned for today? (NY)

i've gone completely off barbri's schedule now, i'm on my own. it's quite liberating

[somewhatwayward]

is Barbri serious with the amount of stuff it assigned for today? (NY)

You mean you don't have to learn THE ENTIRE SUBJECT OF Wills, review Corporations and NY Practice, do 100ish NYMC, do 4 essays, and watch 6 2+ hour videos????

*shoots self*

JMHO but I am not bothering with the videos about the simulated MBE because I assume they are like the reviews they did for each subject on the 25 questions in that PRE book which was literally them reading the answer explanations. I will review the explanations for the ones I got wrong on my own. Maybe they throw a few tips and tricks in but I don't know if it is worth the time. Plus I've pretty much abandoned the barbri schedule for better or for worse.

I'm a little panicked right now bc I'm pretty behind on the lecture videos because of my wrist injuries Which make it hard for me to take notes....and now I see there is another whole week of topics. I am really jealous of states with less essay topics.

[Rosebud523]

Just got back my simulated MBE score and I did terrible. I need to watch the Simulated MBE review videos. However, I noticed that you can either watch the videos by subject or by individual question. I also noticed that the subject videos are taught by one professor while the individual question videos are taught by someone else. For those of you who have watched the videos, is one professor better than the other? Thanks

I did beyond terrible! In Illinois we had Chuck Shonholtz do a full day review on Monday and Tuesday of every subject/ question on the Simulated MBE. I think he is great! He was funny, upbeat and held my attention literally all day long, which is very hard to do. I am not sure how he is on the videos..he might tone it down a little but I suggest watching anything he does!

[Rosebud523]

Anyone taking Illinois bar? I remember them saying that Federal Taxation is never tested, is this right?

I think they just added it in the last few years but it hasn't been tested yet. But Suretyship had never been tested and was just tested on the February 2013 IEE...so blah lol

[remz]

Last property question, I promise:

So the rule from the BarBri outline states "Foreclosure does not affect any interest senior to the mortgage being foreclosed."

So let's say there are 3 banks with mortgages. If the bank with the senior most interest decides to foreclose, who gets paid first? Does the senior bank get paid first because it's the one bringing the foreclosure action? Or does the senior bank get paid last because it's the most senior? I understand the rule when one of the junior banks are bringing the foreclosure action but I'm confused what happens when the senior most party is bringing the foreclosure action. Thanks!

[5ky]

Senior gets paid first

[tfer2222]

is Barbri serious with the amount of stuff it assigned for today? (NY)

i've gone completely off barbri's schedule now, i'm on my own. it's quite liberating

i'm thinking of doing this too.

These NYMC kinda take forever to do and review, and i'm not sure how helpful they actually are. From the little I've heard about the NYMC section, its that there isn't really a great way to prepare for it. So i'm not sure wasting my time with these questions is worth it......

[daphne]

SME Q 3

Why B is wrong and the TPB's right not vested? The church already materially changes position in justifiable reliance on the promise.

[blong4133]

Last property question, I promise:

So the rule from the BarBri outline states "Foreclosure does not affect any interest senior to the mortgage being foreclosed."

So let's say there are 3 banks with mortgages. If the bank with the senior most interest decides to foreclose, who gets paid first? Does the senior bank get paid first because it's the one bringing the foreclosure action? Or does the senior bank get paid last because it's the most senior? I understand the rule when one of the junior banks are bringing the foreclosure action but I'm confused what happens when the senior most party is bringing the foreclosure action. Thanks!

When you have the senior most mortgage holder filing for foreclosure, he has to give notice to all the junior mortgagees in order for them to file their claim. The money's distributed according to priority, and any junior mortgagees who don't get the full amount of money can go after a deficiency judgment against the mortgagor.

Basically, when there's a foreclosure proceeding, it's the one who is initiating it, and then everyone below him gets paid in order of their mortgage. So if you have M1, M2, M3, and M4, and M2 decides to foreclose, M2 gets paid first, then M3, then M4. If M3 or M4 (or both) don't get fully repaid, they go for a deficiency judgment. Nothing happens to M1, and the person who purchases the property in the foreclosure sale takes subject to that mortgage.

[5ky]

SME Q 3

Why B is wrong and the TPB's right not vested? The church already materially changes position in justifiable reliance on the promise.

B says it vested on being informed in writing. For it to vest, they have to be informed about it AND rely. While they did rely, B misstates the law.

[kaiser]

I was a bit behind (NY course) and dedicated today to catching up on the lectures I missed this week. I've so far watched trusts, and 2 wills lectures. Sorta feel like I'm gonna pass out, my leg is twitching erratically, eyes glazed over, and the combo of boredom and frustration is making me want to bash my head through a wall. But otherwise, totally fine day.

[bgdddymtty]

Last property question, I promise:

So the rule from the BarBri outline states "Foreclosure does not affect any interest senior to the mortgage being foreclosed."

So let's say there are 3 banks with mortgages. If the bank with the senior most interest decides to foreclose, who gets paid first? Does the senior bank get paid first because it's the one bringing the foreclosure action? Or does the senior bank get paid last because it's the most senior? I understand the rule when one of the junior banks are bringing the foreclosure action but I'm confused what happens when the senior most party is bringing the foreclosure action. Thanks!

When you have the senior most mortgage holder filing for foreclosure, he has to give notice to all the junior mortgagees in order for them to file their claim. The money's distributed according to priority, and any junior mortgagees who don't get the full amount of money can go after a deficiency judgment against the mortgagor.

Basically, when there's a foreclosure proceeding, it's the one who is initiating it, and then everyone below him gets paid in order of their mortgage. So if you have M1, M2, M3, and M4, and M2 decides to foreclose, M2 gets paid first, then M3, then M4. If M3 or M4 (or both) don't get fully repaid, they go for a deficiency judgment. Nothing happens to M1, and the person who purchases the property in the foreclosure sale takes subject to that mortgage.

One more thing that was implied but not stated explicitly: the reason M3 and M4 (and, actually, M2) can go after the mortgagor for the deficiency is because foreclosure extinguishes the foreclosing mortgage and all mortgages junior to it. That's why the junior mortgagees have to be given notice: if they don't want to end up holding the bag after the foreclosure sale, they might need to pay off the foreclosing mortgage themselves.

[tfer2222]

I was a bit behind (NY course) and dedicated today to catching up on the lectures I missed this week. I've so far watched trusts, and 2 wills lectures. Sorta feel like I'm gonna pass out, my leg is twitching erratically, eyes glazed over, and the combo of boredom and frustration is making me want to bash my head through a wall. But otherwise, totally fine day.

wow that's rouuughhh. i did two wills lectures (and outlined them) on thursday and it about killed me.

[kaiser]

I was a bit behind (NY course) and dedicated today to catching up on the lectures I missed this week. I've so far watched trusts, and 2 wills lectures. Sorta feel like I'm gonna pass out, my leg is twitching erratically, eyes glazed over, and the combo of boredom and frustration is making me want to bash my head through a wall. But otherwise, totally fine day.

wow that's rouuughhh. i did two wills lectures (and outlined them) on thursday and it about killed me.

It just keeps getting worse. Trusts was ok, and relatively clear. Wills 1 was pretty bad, and then 2 got horrendous. I can't imagine how far downhill it goes in 3. By far the worst BarBri lectures I've seen so far. For trusts, I can watch it sped up a bit without a problem, but with wills, due to the confusing nature of the subject, the way the handout is organized, the way she presents, etc. I have to sit through every last painful second in real time.

[somewhatwayward]

I was a bit behind (NY course) and dedicated today to catching up on the lectures I missed this week. I've so far watched trusts, and 2 wills lectures. Sorta feel like I'm gonna pass out, my leg is twitching erratically, eyes glazed over, and the combo of boredom and frustration is making me want to bash my head through a wall. But otherwise, totally fine day.

I was also behind and did the same thing today, haha. I did them at 1.8x the speed which helps make them more tolerable for me. The wills lady seems to remember the exact wills subissues tested on each NY bar since the new millennium.

I don't know how I got so far behind this week, though... can't figure out what I did Wednesday, Thursday, and Friday... ostensibly reviewing the ones I missed on the simulated MBE but that should not have taken three days, especially since I didn't finish.

[daphne]

SME Q 3

Why B is wrong and the TPB's right not vested? The church already materially changes position in justifiable reliance on the promise.

B says it vested on being informed in writing. For it to vest, they have to be informed about it AND rely. While they did rely, B misstates the law.

It's so tricky.. Thanks.

[daphne]

SME Q 20

About whether challenging the at large election under Due Process or Equal protection
Is the at large election with the purpose of discrimination a violation of right to vote under Due Process?

[remz]

Is there anyone else out there who didn't finish the simulated 200-question MBE on time? At my location, some people left with 30 min left-- I'm not even sure how that's possible.