Comments on: MBE Question of the Day #10 http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/ All things related to studying for and passing the bar exam, brought to you by the staff of MicroMash Bar Review Sun, 01 Aug 2010 09:54:39 +0000 http://wordpress.org/?v=2.9 hourly 1 By: Ken http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/comment-page-1/#comment-297 Ken Sun, 10 Jan 2010 01:22:25 +0000 http://barexambrief.com/?p=698#comment-297 B Mortgagee in possession assumes risk of tort liability. B

Mortgagee in possession assumes risk of tort liability.

]]> By: Maryann Herman http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/comment-page-1/#comment-285 Maryann Herman Sat, 09 Jan 2010 14:43:42 +0000 http://barexambrief.com/?p=698#comment-285 Answer B is correct. In exercising her right to possession upon default, the woman became a mortgagee in possession and incurred the same liability in tort as the record title owner. Answer A is incorrect. "If, but only if" are words of warning on the MBE that are most likely included in an incorrect answer choice. As a mortgagee in possession, the woman has the same liabilities as the property owner. Answer C is incorrect. Marie had a right to enter the property to prevent waste that would jeopardize her security interest. Answer D is incorrect. This is incorrect for the same reasons set out in (A) and (C). Answer B is correct. In exercising her right to possession upon default, the woman became a mortgagee in possession and incurred the same liability in tort as the record title owner.

Answer A is incorrect. “If, but only if” are words of warning on the MBE that are most likely included in an incorrect answer choice. As a mortgagee in possession, the woman has the same liabilities as the property owner.

Answer C is incorrect. Marie had a right to enter the property to prevent waste that would jeopardize her security interest.

Answer D is incorrect. This is incorrect for the same reasons set out in (A) and (C).

]]> By: not accredited http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/comment-page-1/#comment-282 not accredited Sat, 09 Jan 2010 03:19:39 +0000 http://barexambrief.com/?p=698#comment-282 B Mortgagee (lender) hired the employees to bring in the crop. The she applied the profits to the loan balance. She was standing in the shoes of the owner. She is liable for injuries in place of the absent owner. (I wonder if she could get insurance while she was running the operation that she did not own? Lack of liability insurance means she would be personally liable for the injuries. Not good for her. ) B
Mortgagee (lender) hired the employees to bring in the crop. The she applied the profits to the loan balance. She was standing in the shoes of the owner. She is liable for injuries in place of the absent owner.

(I wonder if she could get insurance while she was running the operation that she did not own? Lack of liability insurance means she would be personally liable for the injuries. Not good for her. )

]]> By: RK http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/comment-page-1/#comment-280 RK Fri, 08 Jan 2010 21:46:35 +0000 http://barexambrief.com/?p=698#comment-280 I think the best answer is B. The woman was on the land because it is presumed that the man had defaulted on the loan (i.e. he left the state with no say as to his whereabouts). Since this incident with the business invitee occurred during the middle of the loan period, she is a mortgagee in possession, and does not have title to the land since the mortgage has not yet matured. I think the best answer is B. The woman was on the land because it is presumed that the man had defaulted on the loan (i.e. he left the state with no say as to his whereabouts). Since this incident with the business invitee occurred during the middle of the loan period, she is a mortgagee in possession, and does not have title to the land since the mortgage has not yet matured.

]]> By: Lisa http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/comment-page-1/#comment-279 Lisa Fri, 08 Jan 2010 21:35:32 +0000 http://barexambrief.com/?p=698#comment-279 Upon further review, I am changing my answer to (A). Upon further review, I am changing my answer to (A).

]]> By: Lisa http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/comment-page-1/#comment-278 Lisa Fri, 08 Jan 2010 21:14:04 +0000 http://barexambrief.com/?p=698#comment-278 (C) (C)

]]> By: gmevans http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/comment-page-1/#comment-276 gmevans Fri, 08 Jan 2010 20:40:36 +0000 http://barexambrief.com/?p=698#comment-276 I believe A is the correct answer. I agree with BV's rationale. I believe A is the correct answer. I agree with BV’s rationale.

]]> By: Sally http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/comment-page-1/#comment-275 Sally Fri, 08 Jan 2010 20:26:44 +0000 http://barexambrief.com/?p=698#comment-275 B B

]]> By: shahin http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/comment-page-1/#comment-273 shahin Fri, 08 Jan 2010 18:42:52 +0000 http://barexambrief.com/?p=698#comment-273 B is correct answer in my opinion B is correct answer in my opinion

]]> By: BV http://barexambrief.com/2010/01/08/mbe-question-of-the-day-10/comment-page-1/#comment-272 BV Fri, 08 Jan 2010 17:43:41 +0000 http://barexambrief.com/?p=698#comment-272 A is correct. I like B because a mortgagee may wish to take possession of the property before foreclosure as "woman" has done here; further, a mortgagee in possession takes on a duty to manage the property in a careful and prudent manner and potential liability in tort to anyone injured on the property. However, I am going with A because the call of the question focuses on invitee relying on the aspect of tort law whereby the owner of the premises would be liable for the invitee's injuries. Under the title theory, legal title is in the mortgagee ("woman") until the mortgage has been satisfied or foreclosed, whereas the mortgagee is the holder of a security interest only and the mortgagor is the owner of the land until foreclosure in a lien theory state. Here, foreclosure has not yet occurred. Moreover, default has not yet occurred. This is a tricky question because the invitee wins by relying on a theory of mortgagee in possession outside this specific call of the question. That said, I like A best. A is correct. I like B because a mortgagee may wish to take possession of the property before foreclosure as “woman” has done here; further, a mortgagee in possession takes on a duty to manage the property in a careful and prudent manner and potential liability in tort to anyone injured on the property. However, I am going with A because the call of the question focuses on invitee relying on the aspect of tort law whereby the owner of the premises would be liable for the invitee’s injuries. Under the title theory, legal title is in the mortgagee (“woman”) until the mortgage has been satisfied or foreclosed, whereas the mortgagee is the holder of a security interest only and the mortgagor is the owner of the land until foreclosure in a lien theory state. Here, foreclosure has not yet occurred. Moreover, default has not yet occurred. This is a tricky question because the invitee wins by relying on a theory of mortgagee in possession outside this specific call of the question. That said, I like A best.

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