Mortgages and foreclosure Bar Exam Flashcards - Medical Study Cards
Master Mortgages and foreclosure with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Mortgages and foreclosure Flashcard Deck - 10 Cards
Flashcard 1: Under the majority lien theory, what rights does a mortgagor retain before foreclosure?
Answer: The mortgagor retains legal and equitable title, possession, and the right to redeem the property. The mortgagee holds a lien rather than a present possessory or title interest.
Flashcard 2: What is strict foreclosure, and what is its usual legal status?
Answer: Strict foreclosure allows the mortgagee to terminate the mortgagor’s interest without a sale if the borrower fails to pay by a court-set deadline. It is disfavored and permitted only where authorized by applicable law, with required notice and redemption protections.
Flashcard 3: What is the equitable right of redemption, and when must it be exercised?
Answer: The equitable right of redemption allows the borrower to recover the property by paying the secured debt, interest, and permissible costs before the foreclosure sale. A mortgage agreement generally may not waive or clog this right in advance.
Flashcard 4: What is the effect of a foreclosure sale conducted for less than fair market value?
Answer: A sale may be challenged or a deficiency reduced if the mortgagee failed to follow required procedures or the sale price is grossly inadequate under applicable law. Mere inadequacy of price ordinarily is not enough without additional procedural irregularity or unfairness.
Flashcard 5: What is the basic relationship between a mortgage and the promissory note it secures?
Answer: The mortgage is a security instrument creating an interest in land to secure repayment of the note, while the note is the borrower’s personal payment obligation. A transfer of the note generally transfers the mortgage as an incident of the debt.
Flashcard 6: What is the usual priority rule among competing mortgages?
Answer: Priority generally follows first in time of attachment or recording under the applicable recording statute. A purchase-money mortgage usually receives special priority over prior interests in the purchased property, subject to statutory exceptions.
Flashcard 7: What must a mortgagee generally do before conducting a valid foreclosure?
Answer: The mortgagee must establish a default, comply with any contractual cure or acceleration requirements, and provide the notice and opportunity to be heard required by law. Judicial foreclosure requires court proceedings; a power-of-sale foreclosure must satisfy applicable statutory notice and sale procedures.
Flashcard 8: What is the effect of a foreclosure sale on liens junior and senior to the foreclosing mortgage?
Answer: A properly conducted foreclosure generally extinguishes junior liens and interests, but senior liens remain on the property. The purchaser takes subject to those senior liens.
Flashcard 9: What is the difference between a deficiency and a surplus after a foreclosure sale?
Answer: A deficiency is the remaining debt when the foreclosure sale proceeds are less than the secured debt and permitted costs; the lender may obtain a personal judgment unless barred by an anti-deficiency rule. A surplus is excess sale proceeds, distributed first to subordinate lienholders and then to the mortgagor or other entitled owner.
Flashcard 10: How is a deficiency typically calculated after a foreclosure sale?
Answer: The deficiency generally equals the total secured debt and allowable foreclosure costs minus the sale proceeds or the property’s legally required fair value. Anti-deficiency statutes may limit or prohibit recovery, especially for certain residential purchase-money loans.
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