Barbri Simulated MBE Questions and Answers

What is shelter rule? Ans- 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 transaction with Alice but neglected to record its mortgage interest. Six months later, Alice returned home and recorded her deed to Greenacre. 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. 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. 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: