... when I was answering these MBE's the distinction escaped me. The first is from Adaptibar, the second from BarBri. Put your Real Property hat on. (Note: These are summaries of the essential facts.)
Compare ...
Seller properly transfers valid title to a piece of property in joint-bank-account-holder-B's name, for adequate consideration, to joint-bank-account-holder-A who properly accepts for B because B is out of the country. Joint-bank-account-holder-A hands Seller the cash. A then discovers that B had been killed a week before the transaction. B's will leaves all property to Church. No statute dealing with conveyances to dead people. Who has title?
A: Church
B: JBAH-A
C: Seller - free and clear
D: Seller - w/lien for purchase price
With ...
On Jan 15, Seller properly transfers valid title to a piece of property in Buyer's name, for adequate consideration, to Buyer's authorized Agent who properly accepts for Buyer because Buyer is out of the country. Agent hands Seller the cash. Agent then discovers that Buyer had been killed on Jan 14. Buyer's will leaves all property to Niece. Who has title?
A: Niece - b/c Agent holds in constructive trust
B: Niece - via equitable conversion
C: Seller - b/c deed to dead person is void
D: Seller - b/c risk of loss is on buyer
Maybe I was just reading too fast when I was answering them because I see it now. And I agree (and I'm sure they'll be happy to know that!) But for a minute there I was busy comparing sources.
blah...
Answers in the comments.
6 comments:
First hypo: Either A or B is correct because both were picked by substantial numbers of test takers.
Second hypo: C - #31 from practice exam in BarBri MDR book (page 286).
You know...about your counter. It freaks the hell out of me! =) But I've decided it's kinda inaccurate...because when it says there are 3 days remaining, it doesn't count the current day...so really, we have 4 whole days! Better, no?
That's exactly right! I like the way you think. I could use an extra day!
But when the darn thing is in single digits, it doesn't really matter what number it's showing; we're out of time.
Please explain the difference for those of us who are doofuses...the 2nd, BarBri Q makes sense, but not the Adaptibar one...never used that program before. Does it have something to do with that joint account business? Never seen a BarBri or "released" Q where a bank account was involved in a deed delivery Q....
A doofus, you certainly are not. I missed both of these. Once I saw the answers I realized that I'm going to have to take more time pondering the fact pattern before I jump to a conclusion.
Here's Adaptibar's explanation...
The correct answer is: A or B
The explanation for the answer is:
Occasionally, a question on the multistate exam will have two correct answer choices- one the designated answer by the authors and another that was overwhelmingly selected by exam takers, both are given equal treatment as correct answer choices; this was one such question. Because the facts indicate that Adam has already conveyed the deed to Blackacre to Barbara for valuable consideration, he has no further rights with regard to the property and answers (C) and (D) are both incorrect. Barbara purchased Blackacre with the intention of buying it for Bob, but has done so with her own money (since she is a joint owner of Bob's bank account balances), so it appears she holds title to the land. If, however, title exists in Bob's name rather than Barbara's, title to the land went to First Church upon Bob's death along with the rest of his estate. Because the question does not indicate how conveyances to a dead person are treated in this jurisdiction, we are unable to determine whether title is held by Barbara or First Church, so answers (A) and (B) are both correct.
If in the first question, they were joint account holders w/right of survivorship - barbara gets the property. But since this is not given, the property will pass to the Church and Barbara and the Church will be co-owners...tenants in common?
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