Doctrine Misapplication
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
14961_christian-vineyard-foreclosure · REAL_PROPERTY · Choice ANo, because a pro rata foreclosure of the vineyard will not prejudice the rights of Antioch Bank.
Why it's attractive
The choice says 'pro rata foreclosure will not prejudice the bank.' The legal issue isn't prejudice — it's the senior's right to foreclose the whole parcel. Wrong frame.
Why it's wrong
The choice says 'pro rata foreclosure will not prejudice the bank.' The legal issue isn't prejudice — it's the senior's right to foreclose the whole parcel. Wrong frame.
14961_christian-vineyard-foreclosure · REAL_PROPERTY · Choice BNo, because of the 'two funds' rule of marshalling.
Why it's attractive
Marshalling requires two different tracts/funds. The stem says both mortgages cover the same vineyard. Doctrine doesn't apply.
Why it's wrong
Marshalling requires two different tracts/funds. The stem says both mortgages cover the same vineyard. Doctrine doesn't apply.
14961_christian-vineyard-foreclosure · REAL_PROPERTY · Choice DNo, because Antioch Bank holds a purchase-money mortgage.
Why it's attractive
The stem says Hannah purchased the vineyard with her own savings before borrowing from the bank. This is not a purchase-money mortgage.
Why it's wrong
The stem says Hannah purchased the vineyard with her own savings before borrowing from the bank. This is not a purchase-money mortgage.
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