B) False
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A) The court found that a lien was foreclosed because the claimant did not qualify as a mechanic, artisan, or materialman.
B) The court found that a lien was foreclosed because the transaction did not involve the manufacturing or repairing of an "article" or "building" as required under applicable law.
C) The court found that a lien was foreclosed because the bankruptcy trustee had priority.
D) The court found that a lien was available because the claimant qualified as a materialman engaged in manufacturing an article for the debtor thereby satisfying applicable law.
E) The court found that a lien was available because under principles of equity, it would be unjust to deny the claimant a recovery.
G) C) and E)
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A) A suretyship
B) A guaranty
C) A certified agreement
D) An acknowledged agreement
E) An executory promise
G) B) and C)
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A) It would have been worth more than that owed to Peggy.
B) It was not listed as assets in the original complaint filed with the court.
C) It was exempt as tools and instruments needed to carry on a trade.
D) Peggy had a duty to exhaust all other avenues of recovery before seizing those items.
E) She incorrectly asked the sheriff to involve law enforcement and should have seized the goods herself.
G) A) and E)
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A) George may assert his bankruptcy as a defense against paying the debt.
B) George cannot bankrupt the debt because it is a suretyship agreement.
C) George cannot bankrupt the debt because it is a guaranty agreement.
D) George may only assert the bankruptcy as a defense if he filed for bankruptcy based on excessive medical bills.
E) George may only assert the bankruptcy as a defense only if he filed for bankruptcy protection within one year of agreeing to liability on Debby's loan.
G) A) and D)
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A) Mechanic's
B) Approved
C) Constructive
D) Improvement
E) Acknowledged
G) All of the above
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A) Attorney's lien
B) Common law lien
C) Consummate lien
D) Possessory lien
E) Denial lien
G) A) and C)
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B) False
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Mary's creditors might consider a compos...View Answer
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A) That the foreclosure was wrongful because the proper secured party was not identified.
B) That the foreclosure was wrongful because the loan should never have been transferred in the first place.
C) That the defendant rightfully foreclosed because the plaintiffs were in default on the loan and had no right to know the identity of the true secured party.
D) That the defendant rightfully foreclosed because the party who instituted foreclosure proceedings had the right to service the loan.
E) That while the identity of the secured party should have been disclosed initially in foreclosure documents, the plaintiffs were not prejudiced by that omission; and the correct secured party could be substituted in the proceedings.
G) B) and D)
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A) That the plaintiff installed a defective liner and was not entitled to foreclose.
B) That the plaintiff properly installed the liner and was entitled to foreclose.
C) That the plaintiff properly installed the liner but was not entitled to foreclose because a section of the wall of the pond collapsed and the liner did not serve the purpose for which it was requested.
D) That although the plaintiff had installed a defective liner, the plaintiff was entitled to foreclose because the defendant did not object to the lien within 10 days.
E) That although the plaintiff had installed a defective liner, the plaintiff was entitled to foreclose because the defendant did not object to the lien within 30 days.
G) B) and D)
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A) Artisan's
B) Mechanic's
C) Removal
D) Construction
E) Judicial
G) A) and D)
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By comparing the time at which the lien ...View Answer
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A) Rex will lose because he performed deficient work.
B) Rex will lose unless he already paid Good Windows for the windows, in which case he would win.
C) Rex will win unless Selina has a writing signed by him in which he agrees that he will not seek a lien in the case of deficient work.
D) Rex will win if he proves that he had never had a problem installing windows before.
E) Rex will receive only half of his bill because he performed deficient work.
G) B) and C)
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A) Consensual
B) Statutory
C) Judgment
D) Approved
E) Evaluated
G) B) and C)
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A) A suretyship, a guaranty, or a certified agreement
B) A certified agreement or a suretyship, but not a guarantee
C) A certified agreement or a guaranty, but not a suretyship
D) A guarantee but not a certified agreement or a suretyship
E) Either a suretyship or a guaranty, but not a certified agreement
G) B) and D)
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A) (1) Household goods and (2) appliances
B) (1) Household goods and (2) appliances tools and instruments needed to carry on a trade
C) (1) Household goods, appliances, and furniture (usually up to a set value) , (2) clothing, and (3) equity in a vehicle (usually up to a set value)
D) (1) Household goods, appliances, and furniture (usually up to a set value) , (2) clothing, (3) equity in a vehicle (usually up to a set value) , and (4) tools and instruments needed to carry on a trade
E) (1) Household goods, appliances, and furniture (usually up to a set value) , (2) clothing, (3) equity in a vehicle (usually up to a set value) , (4) tools and instruments needed to carry on a trade, and (5) cell phones (usually limited in number)
G) D) and E)
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A) Judicial
B) Mechanic's
C) Artisan's
D) True
E) Contempt
G) All of the above
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A) Filing a lien automatically ensures that a contractor will receive some money.
B) Even if a contractor performs deficient work, a mechanic's lien may be enforced.
C) Federal law governs enforcement of mechanic's liens.
D) There is no requirement that a contractor give a debtor notice of a foreclosure.
E) Any excess funds from a sale to pay the lien go to the debtor.
G) A) and C)
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An attachment can help ensure that a deb...View Answer
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