2018 July California Bar Forum

[AspiringAspirant]

CA Bar does not permit separate erasers or pencil sharpeners but are you permitted pencils with an eraser on top? Thanks.

I need to stop coming to this forum.

[lawyer786]

Anybody know if they will let me bring glucose tablets in a small container if I have t1 Diabetes and am wearing an insulin pump? The Calbar site said no food or drinks, but tablets aren't really food...

[arose928]

On the CA Bar webpage it states "Pencil sharpeners and separate erasers will not be allowed into the examination room" so I was thinking that attached erasers were permitted.

yeah no unfortunately it's part of them testing you to be a lawyer. stupid i know but they want to mimic how in real life you can't just "erase" bad decisions.

Your trolling is kind of unnecessary rn.

[JulyRepeater]

Can someone tell me why C is correct? Is it because a quitclaim deed only contains no warranties of title rather than encumbrances?

S contracted to sell land to a B for $300k. The K provided that the closing would be 60 days after the K was signed and that the S would convey to the B a "marketable title" by a quitclaim deed at closing. The K contained no other provisions regarding the title to be delivered to the B.

A title search revealed that the land was subject to an unsatisfied $50k mortgage and a right of way easement over a portion of the land.

B now claims that the title is unmarketable and has refused to close.

Is the B correct?

a. No, because nothing under these facts renders title unmarketable.
b. No, because the B agreed to accept a quitclaim deed.
c. Yes, because the right of way easement makes the title unmarketable.
d. Yes, because the unsatisfied mortgage makes the title unmarketable.

Thanks!

S may use the 300k to pay off the 50k.

Thanks! I was able to eliminate D, but I ended up choosing B for quitclaim deed purposes. Why is B incorrect and C correct?

[estefanchanning]

Can someone tell me why C is correct? Is it because a quitclaim deed only contains no warranties of title rather than encumbrances?

S contracted to sell land to a B for $300k. The K provided that the closing would be 60 days after the K was signed and that the S would convey to the B a "marketable title" by a quitclaim deed at closing. The K contained no other provisions regarding the title to be delivered to the B.

A title search revealed that the land was subject to an unsatisfied $50k mortgage and a right of way easement over a portion of the land.

B now claims that the title is unmarketable and has refused to close.

Is the B correct?

a. No, because nothing under these facts renders title unmarketable.
b. No, because the B agreed to accept a quitclaim deed.
c. Yes, because the right of way easement makes the title unmarketable.
d. Yes, because the unsatisfied mortgage makes the title unmarketable.

Thanks!

S may use the 300k to pay off the 50k.

Thanks! I was able to eliminate D, but I ended up choosing B for quitclaim deed purposes. Why is B incorrect and C correct?

Marketability is different from warranty deeds. A quitclaim deed must adhere to whatever title marketability is proffered in the contract (default: normal marketable title). On sale, marketability merges with the contract and you're left to rely on warranties in the deed, if any. I.e., that's when you get fucked if you have quitclaim deed.

[JulyRepeater]

Can someone tell me why C is correct? Is it because a quitclaim deed only contains no warranties of title rather than encumbrances?

S contracted to sell land to a B for $300k. The K provided that the closing would be 60 days after the K was signed and that the S would convey to the B a "marketable title" by a quitclaim deed at closing. The K contained no other provisions regarding the title to be delivered to the B.

A title search revealed that the land was subject to an unsatisfied $50k mortgage and a right of way easement over a portion of the land.

B now claims that the title is unmarketable and has refused to close.

Is the B correct?

a. No, because nothing under these facts renders title unmarketable.
b. No, because the B agreed to accept a quitclaim deed.
c. Yes, because the right of way easement makes the title unmarketable.
d. Yes, because the unsatisfied mortgage makes the title unmarketable.

Thanks!

S may use the 300k to pay off the 50k.

Thanks! I was able to eliminate D, but I ended up choosing B for quitclaim deed purposes. Why is B incorrect and C correct?

Marketability is different from warranty deeds. A quitclaim deed must adhere to whatever title marketability is proffered in the contract (default: normal marketable title). On sale, marketability merges with the contract and you're left to rely on warranties in the deed, if any. I.e., that's when you get fucked if you have quitclaim deed.

OH got it!! I completely ignored the contract factor here . Thank you.

[JakeTappers]

Pretty awesome that the website is down and I can't print my ticket.

[love4vinolaw]

Pretty awesome that the website is down and I can't print my ticket.

Ditto. Sorry. hang in there.

[santoki]

DONE studying til tuesday.

[Auxilio]

Flew into SF today from the East Coast. Really cranked up anxiety level. Oh well.

[lawlurk]

Can someone tell me why C is correct? Is it because a quitclaim deed only contains no warranties of title rather than encumbrances?

S contracted to sell land to a B for $300k. The K provided that the closing would be 60 days after the K was signed and that the S would convey to the B a "marketable title" by a quitclaim deed at closing. The K contained no other provisions regarding the title to be delivered to the B.

A title search revealed that the land was subject to an unsatisfied $50k mortgage and a right of way easement over a portion of the land.

B now claims that the title is unmarketable and has refused to close.

Is the B correct?

a. No, because nothing under these facts renders title unmarketable.
b. No, because the B agreed to accept a quitclaim deed.
c. Yes, because the right of way easement makes the title unmarketable.
d. Yes, because the unsatisfied mortgage makes the title unmarketable.

Thanks!

S may use the 300k to pay off the 50k.

Thanks! I was able to eliminate D, but I ended up choosing B for quitclaim deed purposes. Why is B incorrect and C correct?

Marketability is different from warranty deeds. A quitclaim deed must adhere to whatever title marketability is proffered in the contract (default: normal marketable title). On sale, marketability merges with the contract and you're left to rely on warranties in the deed, if any. I.e., that's when you get fucked if you have quitclaim deed.

OH got it!! I completely ignored the contract factor here . Thank you.

Im confused, I thought the contract merges with the deed upon acceptance of the deed at closing? (which has yet to occur here, hasn't accepted the deed yet...)

[Nightcrawler]

Can someone tell me why C is correct? Is it because a quitclaim deed only contains no warranties of title rather than encumbrances?

S contracted to sell land to a B for $300k. The K provided that the closing would be 60 days after the K was signed and that the S would convey to the B a "marketable title" by a quitclaim deed at closing. The K contained no other provisions regarding the title to be delivered to the B.

A title search revealed that the land was subject to an unsatisfied $50k mortgage and a right of way easement over a portion of the land.

B now claims that the title is unmarketable and has refused to close.

Is the B correct?

a. No, because nothing under these facts renders title unmarketable.
b. No, because the B agreed to accept a quitclaim deed.
c. Yes, because the right of way easement makes the title unmarketable.
d. Yes, because the unsatisfied mortgage makes the title unmarketable.

Thanks!

S may use the 300k to pay off the 50k.

Thanks! I was able to eliminate D, but I ended up choosing B for quitclaim deed purposes. Why is B incorrect and C correct?

Marketability is different from warranty deeds. A quitclaim deed must adhere to whatever title marketability is proffered in the contract (default: normal marketable title). On sale, marketability merges with the contract and you're left to rely on warranties in the deed, if any. I.e., that's when you get fucked if you have quitclaim deed.

OH got it!! I completely ignored the contract factor here . Thank you.

Im confused, I thought the contract merges with the deed upon acceptance of the deed at closing? (which has yet to occur here, hasn't accepted the deed yet...)

Estefanchanning didn't mean that here there was merger, he just explained what would've happened if the buyer didn't sue until after closing. Here, D is wrong because a mortgage doesn't render title unmarketable unless the mortgage is unsatisfied at closing (but even then, it may be satisfied with part of the proceeds). On the other hand, an easement is a straight up encumbrance with associated risk of litigation, which always renders title unmarketable. B is wrong because even if there's a quitclaim deed (which doesn't have any warranties), the parties still made a contract, and every contract for land sale has a warranty against encumbrances (together with warranty of no defects in chain of title, and duty to disclose defects in the property). So everytime you see a quitclaim deed don't be fooled. Land sale contracts ALWAYS have a warranty vs encumbrances.

[lawlurk]

Can someone tell me why C is correct? Is it because a quitclaim deed only contains no warranties of title rather than encumbrances?

S contracted to sell land to a B for $300k. The K provided that the closing would be 60 days after the K was signed and that the S would convey to the B a "marketable title" by a quitclaim deed at closing. The K contained no other provisions regarding the title to be delivered to the B.

A title search revealed that the land was subject to an unsatisfied $50k mortgage and a right of way easement over a portion of the land.

B now claims that the title is unmarketable and has refused to close.

Is the B correct?

a. No, because nothing under these facts renders title unmarketable.
b. No, because the B agreed to accept a quitclaim deed.
c. Yes, because the right of way easement makes the title unmarketable.
d. Yes, because the unsatisfied mortgage makes the title unmarketable.

Thanks!

S may use the 300k to pay off the 50k.

Thanks! I was able to eliminate D, but I ended up choosing B for quitclaim deed purposes. Why is B incorrect and C correct?

Marketability is different from warranty deeds. A quitclaim deed must adhere to whatever title marketability is proffered in the contract (default: normal marketable title). On sale, marketability merges with the contract and you're left to rely on warranties in the deed, if any. I.e., that's when you get fucked if you have quitclaim deed.

OH got it!! I completely ignored the contract factor here . Thank you.

Im confused, I thought the contract merges with the deed upon acceptance of the deed at closing? (which has yet to occur here, hasn't accepted the deed yet...)

Estefanchanning didn't mean that here there was merger, he just explained what would've happened if the buyer didn't sue until after closing. Here, D is wrong because a mortgage doesn't render title unmarketable unless the mortgage is unsatisfied at closing (but even then, it may be satisfied with part of the proceeds). On the other hand, an easement is a straight up encumbrance with associated risk of litigation, which always renders title unmarketable. B is wrong because even if there's a quitclaim deed (which doesn't have any warranties), the parties still made a contract, and every contract for land sale has a warranty against encumbrances (together with warranty of no defects in chain of title, and duty to disclose defects in the property). So everytime you see a quitclaim deed don't be fooled. Land sale contracts ALWAYS have a warranty vs encumbrances.

I just realized I thought OP was asking why B is correct, and people were trying to explain why B was correct. Despite reading the post more than once haha I was trippin lol Your response was still helpful for me though, helped some big picture things click.

[Happy88]

I just checked in the hotel, my room’s view is the exam center. Lovely.

[Blueplanet]

With Kaplan you get model answers for the essays which cover every potential angel. Can anyone who has taken the exam and seen the Kaplan essays confirm if they are able to produce anything like the model answers in the exam?

[FinallyPassedTheBar]

Good luck everybody!! You got this!

[psg190]

Sometimes I come across a prompt in the Barbri essay book that I just know I'm going to slay.

Then I look down and notice it's an MEE question. You're such a tease Barbri. Why do I live in this state?

[Auxilio]

Can anyone confirm whether or not they will let you bring your phone to the center and put it somewhere (I've seen some people talk about a "black box").

I'm taking the train through SF to the Oakland center, and would feel a lot safer if I knew I could jump out and call an uber if need be. If not I'll just bring my semi-broken old phone and try to hide it in a bush or something. . .

[Atmosphere]

Still can’t print my ticket. What should I do?

[bru1n]

Still can’t print my ticket. What should I do?

Same. Freaking out. The site's been down for 2 days.

[psg190]

Still can’t print my ticket. What should I do?

I'm in the same boat. Nothing to be done until the bar employees are in. Must be nice to work 8:45am - 5:00pm every day.

[Atmosphere]

What does the bar do with the 12mil+ they make off registration every year? I feel like they might at least invest in some non-flimsy servers.

Anyways, keep me posted if any of you manage to get through

[psg190]

What does the bar do with the 12mil+ they make off registration every year? I feel like they might at least invest in some non-flimsy servers.

Anyways, keep me posted if any of you manage to get through

Now the phones are down. Classic.

[BlueLaw11]

(1) Has anyone here taken the test in San Diego before? If so, what was the A/C situation? Feel much more comfortable taking tests in shorts (lol) but want to be prepared if it's cold

(2) Confirming that calculators are not permitted? Some of these community property formulas worry me, given that I haven't taken a math class in almost 12 years

(3) Good luck everyone!

[Atmosphere]

(1) Has anyone here taken the test in San Diego before? If so, what was the A/C situation? Feel much more comfortable taking tests in shorts (lol) but want to be prepared if it's cold

(2) Confirming that calculators are not permitted? Some of these community property formulas worry me, given that I haven't taken a math class in almost 12 years

(3) Good luck everyone!

From what I’ve heard, the points from the CP formulas come from explaining how the formulas are applied, rather than reaching an actual number, i.e. Pereira Method is used here because X, under this method the CP/SP share = [formula]