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INCREDIBLY DIFFICULT MBE BAR EXAM QUESTION

A woman borrowed $800,000 from a bank and gave the bank a n...
house-broken people who are hurt
  03/23/23
shot in the dark and without googling to confirm, but i'm go...
Odious Self-absorbed Public Bath Patrolman
  03/23/23
GPT-4, officially smarter than I am: "(D) Yes, the m...
Black French Hall
  03/23/23
This is scary. I don’t like this timeline at all.
provocative startled mexican forum
  03/23/23
D
bronze state digit ratio
  03/23/23
how is that difficult, it's what it means to assume a mortga...
vigorous stage ceo
  03/23/23
it's the distractor facts and red herring answers that are s...
Bateful Toilet Seat
  03/23/23
Lol, I thought, “I don’t know what that is, obvi...
translucent incel dilemma
  03/23/23
good gut
Bateful Toilet Seat
  03/23/23
"Clogging of the equity of redemption" sounds like...
cyan turdskin
  03/23/23
...
Bateful Toilet Seat
  03/23/23
...
Odious Self-absorbed Public Bath Patrolman
  03/23/23
...
Talented medicated lay filthpig
  03/23/23
...
Exciting nubile international law enforcement agency kitty
  03/23/23
is this really a difficult mbe question or is this poast abo...
Odious Self-absorbed Public Bath Patrolman
  03/23/23
Cr
Bateful Toilet Seat
  03/23/23
Slim_Shady_Man is a troll from way back.
pearly titillating gas station hissy fit
  03/23/23
D is my guess both legally and because woman smart man stupi...
translucent incel dilemma
  03/23/23
EVERY bar question plays out like this now. it's so tiresome
Bateful Toilet Seat
  03/23/23
IRL this scenario this almost never happens because mortgage...
Odious Self-absorbed Public Bath Patrolman
  03/23/23
...
flirting background story ratface
  03/23/23
You can correctly solve most MBE questions by just trying to...
pearly titillating gas station hissy fit
  03/23/23
idk about that. many correct answers play on your heartstrin...
Odious Self-absorbed Public Bath Patrolman
  03/23/23
Obvisously “background knowledge of the law” and...
pearly titillating gas station hissy fit
  03/23/23
fair. i think most standardized multiple choice tests are pr...
Odious Self-absorbed Public Bath Patrolman
  03/23/23
I didn't study *at all* for the MPRE and got the minimum pas...
soul-stirring old irish cottage
  03/23/23
...
Floppy degenerate
  03/23/23
ITT, proof most of this boart is non-lawyers. This is nowher...
startling ticket booth
  03/23/23
Wouldn't it be A because there's no privity? edit: I read...
soul-stirring old irish cottage
  03/23/23
this was a trivially easy question, wtf
Thriller Snowy Location Legal Warrant
  03/23/23
...
Dull orchestra pit
  03/23/23


Poast new message in this thread



Reply Favorite

Date: March 23rd, 2023 11:54 AM
Author: house-broken people who are hurt

A woman borrowed $800,000 from a bank and gave the bank

a note for that amount secured by a mortgage on her farm.

Several years later, at a time when the woman still owed the

bank $750,000 on the mortgage loan, she sold the farm to

a man for $900,000. The man paid the woman $150,000 in

cash and specifically assumed the mortgage note. The bank

received notice of this transaction and elected not to exercise the optional due-on-sale clause in the mortgage.

Without informing the man, the bank later released the

woman from any further personal liability on the note.

After he had owned the farm for a number of years, the man

defaulted on the loan. The bank properly accelerated the

loan, and the farm was eventually sold at a foreclosure sale

for $500,000. Because there was still $600,000 owing on the

note, the bank sued the man for the $100,000 deficiency.

Is the man liable to the bank for the deficiency?

(A) No, because the woman would have still been primarily

liable for payment, but the bank had released her from

personal liability.

(B) No, because the bank’s release of the woman from personal liability also released the man.

(C) Yes, because the bank’s release of the woman constituted a clogging of the equity of redemption.

(D) Yes, because the man’s personal liability on the note

was not affected by the bank’s release of the woman

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087602)



Reply Favorite

Date: March 23rd, 2023 12:02 PM
Author: Odious Self-absorbed Public Bath Patrolman

shot in the dark and without googling to confirm, but i'm going with D. seems like the man should be liable considering he assumed the mortgage. i have no idea what "clogging the equity of redemption is", so i'm going with D because it seems like he would be liable for the deficiency.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087632)



Reply Favorite

Date: March 23rd, 2023 12:15 PM
Author: Black French Hall

GPT-4, officially smarter than I am:

"(D) Yes, the man is liable to the bank for the deficiency.

When the man purchased the farm, he specifically assumed the mortgage note, which means he agreed to be personally liable for any remaining debt on the loan. The bank's release of the woman from personal liability on the note does not affect the man's liability. The release only means that the woman is no longer personally responsible for paying the remaining debt.

Option (A) is incorrect because the bank released the woman from personal liability, and she is no longer primarily liable for payment.

Option (B) is also incorrect because the bank's release of the woman does not release the man from his personal liability as he specifically assumed the mortgage note.

Option (C) is incorrect because clogging of the equity of redemption occurs when a mortgagee seeks to restrict or prevent a mortgagor from redeeming the property by imposing unreasonable conditions. The bank's release of the woman does not constitute a clogging of equity of redemption."

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087676)



Reply Favorite

Date: March 23rd, 2023 12:22 PM
Author: provocative startled mexican forum

This is scary. I don’t like this timeline at all.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087706)



Reply Favorite

Date: March 23rd, 2023 12:18 PM
Author: bronze state digit ratio

D

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087689)



Reply Favorite

Date: March 23rd, 2023 12:23 PM
Author: vigorous stage ceo

how is that difficult, it's what it means to assume a mortgage

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087709)



Reply Favorite

Date: March 23rd, 2023 12:47 PM
Author: Bateful Toilet Seat

it's the distractor facts and red herring answers that are supposed to get ppl i think, e.g, when TTT examinees read "clogging of the equity of redemption" they're like "oh shit guess i'll pick that cause i must have missed it if i don't know it and that must be the answer"

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087805)



Reply Favorite

Date: March 23rd, 2023 1:00 PM
Author: translucent incel dilemma

Lol, I thought, “I don’t know what that is, obvious wrong answer.”

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087854)



Reply Favorite

Date: March 23rd, 2023 1:05 PM
Author: Bateful Toilet Seat

good gut

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087876)



Reply Favorite

Date: March 23rd, 2023 12:25 PM
Author: cyan turdskin

"Clogging of the equity of redemption" sounds like something that happens 2-3 times a week after a Jewess moves into her boyfriend's house.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087720)



Reply Favorite

Date: March 23rd, 2023 12:49 PM
Author: Bateful Toilet Seat



(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087811)



Reply Favorite

Date: March 23rd, 2023 12:56 PM
Author: Odious Self-absorbed Public Bath Patrolman



(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087839)



Reply Favorite

Date: March 23rd, 2023 12:59 PM
Author: Talented medicated lay filthpig



(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087852)



Reply Favorite

Date: March 23rd, 2023 6:37 PM
Author: Exciting nubile international law enforcement agency kitty



(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46089128)



Reply Favorite

Date: March 23rd, 2023 12:25 PM
Author: Odious Self-absorbed Public Bath Patrolman

is this really a difficult mbe question or is this poast about how easy it was?

sometimes these easy ones trip people up because of how easy they are. man assumes mortgage, women is released from it. if he defaults, he is liable. simple as, right? C seems thrown in there because few people will know what "clogging the equity of redemption is" and might select it because it seems more specific, but that's often a trap. and some people might might overthink it and choose A or B because they think it's some sort of trick.

a lot of time on the MBE (and most standard tests) the answer is just "Yes" or some other simple explanation, and the "No" responses will have these long explanations. And people think it must be one of the three "Nos" because the yes is too easy and the nos have specific explanations.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087721)



Reply Favorite

Date: March 23rd, 2023 12:50 PM
Author: Bateful Toilet Seat

Cr

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087814)



Reply Favorite

Date: March 23rd, 2023 1:03 PM
Author: pearly titillating gas station hissy fit

Slim_Shady_Man is a troll from way back.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087872)



Reply Favorite

Date: March 23rd, 2023 12:58 PM
Author: translucent incel dilemma

D is my guess both legally and because woman smart man stupid, Bank just doing it’s job is the most woke globohomo result.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087846)



Reply Favorite

Date: March 23rd, 2023 1:04 PM
Author: Bateful Toilet Seat

EVERY bar question plays out like this now. it's so tiresome

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087874)



Reply Favorite

Date: March 23rd, 2023 1:06 PM
Author: Odious Self-absorbed Public Bath Patrolman

IRL this scenario this almost never happens because mortgages are rarely assumable. and when they are they will always be accompanied with the seller being released. biggest gripe with the bar is that it tests tons of common law rules that are almost always contracted around and never really happen IRL.

like, how often does the mailbox rule come into play IRL? yet it's always tested on the bar and contracts exams in LS. let alone something like rule against perpetuities.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087879)



Reply Favorite

Date: March 23rd, 2023 1:30 PM
Author: flirting background story ratface



(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087972)



Reply Favorite

Date: March 23rd, 2023 1:08 PM
Author: pearly titillating gas station hissy fit

You can correctly solve most MBE questions by just trying to intuit what legal rule would lead to the most sensible resolution, informed by the background knowledge of the law the majority of students graduating from decent schools would have without any drilling on specifics

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087887)



Reply Favorite

Date: March 23rd, 2023 1:10 PM
Author: Odious Self-absorbed Public Bath Patrolman

idk about that. many correct answers play on your heartstrings by having an unfair or absurd result based on strict application of the common law. if you could solve every question by thinking of the most "sensible resolution" then everyone would pass easily.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087892)



Reply Favorite

Date: March 23rd, 2023 1:25 PM
Author: pearly titillating gas station hissy fit

Obvisously “background knowledge of the law” and “decent school” are doing a lot of work in my assertion, but I do think it’s easy to hit 70-90% on the MBE without really drilling on the finer doctrinal points and just trying to figure out which result makes sense in the context of your surely incomplete knowledge of the law. Perhaps I’m wrong about this, but I suspect bar prep matters a lot more for the essay tests, which could include a few subject areas you’ve never taken, and where it also pays to know the most commonly tested large issue areas.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087939)



Reply Favorite

Date: March 23rd, 2023 1:27 PM
Author: Odious Self-absorbed Public Bath Patrolman

fair. i think most standardized multiple choice tests are pretty easy. and thus people that are good at them, which means people that typically went to good schools because they could score better on other standardized tests, tend to do well on them. a lot of it is understanding how the tests try to game and trick you. and it's pretty easy to figure that out if you do some research and practice. and by the time you're taking the ube you've already done that several times, like with the SAT and LSAT.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46087956)



Reply Favorite

Date: March 23rd, 2023 6:35 PM
Author: soul-stirring old irish cottage

I didn't study *at all* for the MPRE and got the minimum passing grade for NY, a 90 at the time. I was extremely proud that I got the EXACT score necessary to pass. I literally applied the old adage, "identify the answer Jesus would choose and then select the second best answer" and it worked for me.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46089123)



Reply Favorite

Date: March 23rd, 2023 5:04 PM
Author: Floppy degenerate



(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46088834)



Reply Favorite

Date: March 23rd, 2023 5:09 PM
Author: startling ticket booth

ITT, proof most of this boart is non-lawyers. This is nowhere near a "difficult" question.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46088839)



Reply Favorite

Date: March 23rd, 2023 5:09 PM
Author: soul-stirring old irish cottage

Wouldn't it be A because there's no privity?

edit: I read his assumption of the mortgage as not being okay'd by the bank. My assumption was that she was supposed to be paying on it, didn't, and got away with no longer having personal responsibility. It's D.

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46088841)



Reply Favorite

Date: March 23rd, 2023 5:36 PM
Author: Thriller Snowy Location Legal Warrant

this was a trivially easy question, wtf

(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46088937)



Reply Favorite

Date: March 23rd, 2023 6:33 PM
Author: Dull orchestra pit



(http://www.autoadmit.com/thread.php?thread_id=5311573&forum_id=2#46089116)