Foreclosure Priority
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
15062_esthers_gravel_lane · REAL_PROPERTY · Choice AThe right-of-way is appurtenant to Esther's land and therefore cannot be separated from it.
Why it's attractive
The call is about foreclosure priority, not whether the easement benefit runs with Esther's land.
Why it's wrong
The call is about foreclosure priority, not whether the easement benefit runs with Esther's land.
15062_esthers_gravel_lane · REAL_PROPERTY · Choice CEsther recorded the deed creating the right-of-way before the foreclosure action was filed.
Why it's attractive
The timing that matters is when the bank took the mortgage, not when the lawsuit was filed.
Why it's wrong
The timing that matters is when the bank took the mortgage, not when the lawsuit was filed.
15062_esthers_gravel_lane · REAL_PROPERTY · Choice DThe right-of-way gives Esther access from her cottage tract to a public road.
Why it's attractive
The right exists by deed, and the tract also touches another road.
Why it's wrong
The right exists by deed, and the tract also touches another road.
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