19. Owen wants to gift his house in the City of Overland, which he owns in fee simple, to his daughter, Linda, but he wants Linda to be more mature enough before giving her the property. Therefore, Owen conveys the following interests in a valid inter vivos conveyance: “I give my house in Overland to Linda when she turns 21.” After the conveyance, Linda’s future interest is best described as:
8. Buyer purchased Blackacre from Seller. Seller info…
8. Buyer purchased Blackacre from Seller. Seller informed Buyer about how Blackacre was encumbered with a past mortgage with a $100,000 outstanding loan balance, due to Seller’s borrowing. The past mortgage did not include a due on sale clause. Buyer and Seller agreed that Buyer would assume the mortgage and Buyer did so with a valid written assumption agreement. Seller delivered a valid deed to Buyer, which was validly recorded. Six months later, Buyer defaulted on the mortgage and the mortgagee initiated a judicial foreclosure. The proceeds from the foreclosure sale were insufficient to cover the outstanding loan balance on the mortgage.There are no anti-deficiency statutes in the relevant jurisdiction.Can the mortgagee recover the deficiency from Buyer or Seller?
36. Thomasina, the owner of Blackacre in fee simple, co…
36. Thomasina, the owner of Blackacre in fee simple, conveys Blackacre in a valid deed using the following language: “I grant Blackacre to Adam for life, then to Adam’s children for their lives, and upon the death of Adam and Adam’s children, then to Bobby if Adam has no grandchildren. Assume in the relevant jurisdiction that the doctrine of destructibility of contingent remainders, common law Rule Against Perpetuities, Doctrine of Worthier Title, Rule in Shelley’s Case and merger are not abolished and apply where applicable. Which of the following accurately describes the interests the conveyance creates?
15. Owen has a fee simple absolute in Greenacre and he…
15. Owen has a fee simple absolute in Greenacre and he conveys the following interests in a valid inter vivos conveyance: “I grant Greenacre to Judy for life, then to Judy’s children and their heirs, but if Judy is not survived by her children, then to David and his heirs.” At the time of the conveyance, Judy was alive and childless. Two years after Owen’s conveyance, Judy gives birth to two children, Julia and Carl. Assume in the relevant jurisdiction that the common law Rule Against Perpetuities applies to conveyances and wills and that the doctrine of destructibility of contingent remainders is abolished. What interest did Judy’s children have at the time of Owen’s conveyance?
32. O, the owner of Blackacre in fee simple, conveys B…
32. O, the owner of Blackacre in fee simple, conveys Blackacre in a valid deed using the following language: “I grant Blackacre to A for life with the remainder going to my heirs.” One month later, in a valid deed, A conveys her interest in Blackacre “to B so long as B manages an auto repair business.” Two years later A dies. B is still running an auto repair business. Assume in the relevant jurisdiction that the doctrine of destructibility of contingent remainders is abolished, but other special rules such as common law Rule Against Perpetuities, Doctrine of Worthier Title, Rule in Shelley’s Case and merger are not abolished and apply where applicable.What interest does B have in Blackacre after A’s death?
39. John is the owner of a fee simple in Blackacre and…
39. John is the owner of a fee simple in Blackacre and makes a valid will including the following language: “I devise Blackacre to Andrew for life, then to Betty if Andrew dies without issue from his wife Betty, but if Andrew dies with issue from his wife Betty, then to Cindy.” Andrew and Betty do not have any children when John passes away. Assume in the relevant jurisdiction that the common law Rule Against Perpetuities applies to conveyances and wills and that the doctrine of destructibility of contingent remainders is abolished.Which of the following statements best describes Betty’s interest in the property upon John’s death, with Andrew being alive?
21. David owned Blackacre in fee simple and executed a…
21. David owned Blackacre in fee simple and executed a valid grant deed, stating: “I give Blackacre to my wife, Amy, for her life, then to my daughter, Betty, for her life, then to my grandchildren who reach 21 within 21 years after the death of Betty.” At the time of the deed, David was married to Amy and they had only one child, Betty, age 3. Assume in the relevant jurisdiction that the common law Rule Against Perpetuities applies to conveyances and wills and that the doctrine of destructibility of contingent remainders is abolished. After the deed, the gift to David’s grandchildren is best described as:
6. Howard purchased from Stan a lot with a small house. Befo…
6. Howard purchased from Stan a lot with a small house. Before the time of purchase, Howard got a mortgage to borrow $350,000.00 from Finance Company and Finance Company validly recorded the mortgage. One year before Howard purchased the lot, Bob had placed a lien on the property in the amount of $10,000.00 when Stan owned the lot and validly recorded the lien in the chain of title. Before purchasing the lot, Howard had agreed with Stan to take the lot subject to Bob’s lien. Howard fell behind in the payments on his mortgage to Finance Company and Finance Company decided to foreclose. The outstanding loan balance that Howard owes to the Finance Company is $300,000.00. At a valid, court-supervised foreclosure sale, the property sold for $350,000.00. Sale expenses, court costs and attorney fees were $50,000. If the Finance Company can apply proceeds from the foreclosure sale fully to the outstanding loan balance of $300,000 and Bob receives nothing for his lien on the lot, which out of the following statements provides the best explanation for such an outcome?
14. John has a fee simple absolute interest in Blackacr…
14. John has a fee simple absolute interest in Blackacre and he conveys the following interests in a valid inter vivos conveyance: “I give Blackacre to my wife, Judy, for life, and the remainder to our children who reach the age of 21.” At the time of the conveyance, John and Judy has one son, Stuart, who is 21. Assume in the relevant jurisdiction that the common law Rule Against Perpetuities applies to conveyances and wills and that the doctrine of destructibility of contingent remainders is abolished. What future interest is held by Stuart, if any, at the time of the conveyance?
7. Buyer purchased Blackacre from Seller. Seller inf…
7. Buyer purchased Blackacre from Seller. Seller informed Buyer about how Blackacre was encumbered with a past mortgage with a $100,000 outstanding loan balance, due to Seller’s borrowing. The past mortgage did not include a due on sale clause. Buyer agreed to take Blackacre subject to the past mortgage. Seller delivered a valid deed to Buyer, which was validly recorded.Six months later, Buyer defaulted on the mortgage and the mortgagee initiated a judicial foreclosure. The proceeds from the foreclosure sale were insufficient to cover the outstanding loan balance on the mortgage. There are no anti-deficiency statutes in the relevant jurisdiction. Can the mortgagee recover the deficiency from Buyer or Seller?