Crucial Exams

Multistate Bar Examination Practice Question

O conveys Blackacre "to Angela for life, then to Brad." Before Angela dies, Brad wants to mortgage his interest in Blackacre to secure a personal loan. Under traditional property law, which of the following best describes Brad's ability to transfer or encumber his interest?

  • Brad may mortgage his interest only if Angela consents, because the life tenant and remainderman must join in any conveyance.

  • Brad may not mortgage his interest because a future interest cannot be transferred until it becomes possessory.

  • Brad may mortgage his interest because a vested remainder is generally fully transferable inter vivos, subject to any valid statutory restraints on alienation.

  • Brad may mortgage his interest, but the mortgage will automatically terminate if Angela lives more than twenty-one years after it is executed.

Multistate Bar Examination
Real Property
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