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The agreement entered into between Sean and the bank is called what?


A) An acknowledged agreement
B) A certified agreement
C) A guaranty
D) A suretyship
E) An executory promise

F) A) and B)
G) A) and E)

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When considering whether a secured party or a claimant holding a mechanic's lien has priority to a good,how does a court make the determination?

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By comparing the time at which the lien ...

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[Defective Windows] Cecelia hired a contractor,Paul,to put new windows in her home that she purchased herself from Good Windows.Unfortunately,Paul made a mess of the windows.While the windows were initially in good shape,Paul cracked some,scratched others,and did not get the windows properly fitted into their frames.Cecelia received a bill for the windows from Good Windows,but she refused to pay.Cecelia was told that Good Windows would file a lien,but she believed that there was no basis upon which a lien would be granted.Paul,who refused responsibility for any problems,also filed a lien after Cecelia refused to pay him. -What type of lien would Paul likely seek?


A) Artisan's
B) Construction
C) Mechanic's
D) Judicial
E) Removal

F) C) and E)
G) A) and B)

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What is the effect of Sean's bankruptcy,if any,on the debt owed by Sean?


A) Sean cannot assert his bankruptcy as a defense because it is a suretyship agreement.
B) Sean may assert his bankruptcy as a defense against paying the debt.
C) Sean cannot assert his bankruptcy as a defense because it is a guaranty agreement.
D) Sean may only assert the bankruptcy as a defense if he filed for bankruptcy based on excessive medical bills.
E) Sean may only assert the bankruptcy as a defense only if he filed for bankruptcy protection within one year of agreeing to liability on Allison's loan.

F) A) and E)
G) A) and D)

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When must a lienholder's claim on a property be settled?


A) Before property or proceeds are distributed to other creditors
B) After proceeds are distributed to other creditors
C) It depends upon the type of lien
D) After property is distributed to other creditors
E) After both all property and proceeds are distributed to other creditors

F) B) and C)
G) None of the above

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Which of the following was the result in Cameron v.Ewing,the case in the text involving whether monthly proceeds from a reverse mortgage were subject to garnishment?


A) The court ruled that the payments were not subject to garnishment because the payments did not constitute earned income.
B) The court ruled that the payments were not subject to garnishment because the defendant's estate was ultimately liable to repay the monies received to the extent repayment could be generated from sale of the property.
C) The court ruled that the payments were subject to garnishment based on public policy and also that the claimant was entitled to the full amount of the monthly payments.
D) The court ruled that the payments were not subject to garnishment because it would be against public policy to find as such.
E) The court ruled that the payments were subject to garnishment because the payments constituted debts due the defendant.

F) D) and E)
G) C) and D)

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Which of the following is the most likely reason for the judge's refusal to allow the sheriff to seize Tara's equipment?


A) Marisa had a duty to exhaust all other avenues of recovery before seizing those items.
B) It was exempt as tools and instruments needed to carry on a trade.
C) It would have been worth more than that owed to Marisa.
D) She incorrectly asked the sheriff to involve law enforcement and should have seized the goods herself.
E) It was not listed as assets in the original complaint filed with the court.

F) B) and E)
G) A) and E)

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Which of the following may occur when a third party agrees to be liable for a debtor's loan either primarily or secondarily?


A) A certified agreement or a suretyship,but not a guarantee
B) Either a suretyship or a guaranty,but not a certified agreement
C) A suretyship,a guaranty,or a certified agreement
D) A certified agreement or a guaranty,but not a suretyship
E) A guarantee but not a certified agreement or a suretyship

F) A) and C)
G) A) and E)

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Why is it important for a creditor to perfect a secured interest if there is the potential that a lien will subsequently be placed on the same property?


A) Because otherwise the creditor will not be able to make a claim if the lien holder makes a claim.
B) Because a lien creditor will have priority over an unsecured interest.
C) Because the lien creditor will completely take over the secured interest.
D) Because the secured interest will be lost if a lien is placed on the property.
E) Because otherwise the creditor has to split the proceeds of property with the lien holder.

F) D) and E)
G) None of the above

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