Barbri Simulated MBE 2025/2026 Exam
Questions Marking Scheme New Update
1
| A+ Rated
What is shelter rule? - 🧠 ANSWER ✔✔If you take from a BFP, then you
take rights of BFP.
Question 4
Owen, the owner of Greenacre, sold it to Alice for 100K. Alice did not
record the deed, and left the countr on an extended trip. Owen, seeing an
opportunity to make a quick profit, partitioned Greenacre and sold the front
half, Frontacre, to Bert in exchange for 50K. Bert, who knew nothing about
Alice's interest in the property, promptly recorded his interest. Two months
later, Bert sold Frontacre to Carl in exchange for 55K. Carl was aware of
Alice's interest in Frontacre but recorded his deed to Frontacre anyway.
Meanwhile, Owen executed a mortgage on the back half of the property.
Backacre, to Bank in amount of 40K. Bank knew nothing of Owen's
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
,transaction with Alice but neglected to record its mortgage interest. Six
months later, Alice returned home and recorded her deed to Greenacre.
2
A statute in the jurisdiction provides: "Any conveyance of an estate in land,
other than a lease for less than one year, shall not be valid against any
subsequent purchaser for value, without notice, unless the conveyance in
recorded."
If Alice brings an action to quiet title in Greenacre, how is a court likely to
classify her claim?
A) As superior to Owen's rights in Backacre and Carl's rights in Frontacre,
and not subject to Bank's mortgage on Backacre.
B) As superior to Owen's rights in Backacre, inferior to Carl's rights in
Frontacre, and subject to Bank's mortgage on Backacre.
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
, C) As superior to Owen's rights in Backacre, inferior to Carl's rights in
Frontacre, and not subject to Bank's mortgage on Backacre.
3
D) As superior to Owen's rights in Backacre and Carl's rights in Frontacre,
but subject to Bank's mortgage on Backacre.
Correct answer: C
What is Best Evidence Rule? - 🧠 ANSWER ✔✔When trying to prove
contents of writing, must show original unless there is a justification or
excuse that original is not available.
only applies to writings, photos, and recordings (Preference for original)
D was charged with murdering his boss. After obtaining a valid search
warrant and executing a valid search of D's office, an officer found a love
letter from the defendant's wife to his boss describing their sexual relations.
The letter stated, "I can no longer hide my love for you from my husband. I
intend to tell him about us and leave him for you." At trial, the officer seeks
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
Questions Marking Scheme New Update
1
| A+ Rated
What is shelter rule? - 🧠 ANSWER ✔✔If you take from a BFP, then you
take rights of BFP.
Question 4
Owen, the owner of Greenacre, sold it to Alice for 100K. Alice did not
record the deed, and left the countr on an extended trip. Owen, seeing an
opportunity to make a quick profit, partitioned Greenacre and sold the front
half, Frontacre, to Bert in exchange for 50K. Bert, who knew nothing about
Alice's interest in the property, promptly recorded his interest. Two months
later, Bert sold Frontacre to Carl in exchange for 55K. Carl was aware of
Alice's interest in Frontacre but recorded his deed to Frontacre anyway.
Meanwhile, Owen executed a mortgage on the back half of the property.
Backacre, to Bank in amount of 40K. Bank knew nothing of Owen's
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
,transaction with Alice but neglected to record its mortgage interest. Six
months later, Alice returned home and recorded her deed to Greenacre.
2
A statute in the jurisdiction provides: "Any conveyance of an estate in land,
other than a lease for less than one year, shall not be valid against any
subsequent purchaser for value, without notice, unless the conveyance in
recorded."
If Alice brings an action to quiet title in Greenacre, how is a court likely to
classify her claim?
A) As superior to Owen's rights in Backacre and Carl's rights in Frontacre,
and not subject to Bank's mortgage on Backacre.
B) As superior to Owen's rights in Backacre, inferior to Carl's rights in
Frontacre, and subject to Bank's mortgage on Backacre.
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
, C) As superior to Owen's rights in Backacre, inferior to Carl's rights in
Frontacre, and not subject to Bank's mortgage on Backacre.
3
D) As superior to Owen's rights in Backacre and Carl's rights in Frontacre,
but subject to Bank's mortgage on Backacre.
Correct answer: C
What is Best Evidence Rule? - 🧠 ANSWER ✔✔When trying to prove
contents of writing, must show original unless there is a justification or
excuse that original is not available.
only applies to writings, photos, and recordings (Preference for original)
D was charged with murdering his boss. After obtaining a valid search
warrant and executing a valid search of D's office, an officer found a love
letter from the defendant's wife to his boss describing their sexual relations.
The letter stated, "I can no longer hide my love for you from my husband. I
intend to tell him about us and leave him for you." At trial, the officer seeks
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
