Q&A Hero

Q: Owner's title insurance covers the mortgagee.

Q: Any subsequent purchasers of a property must obtain a new policy if they desire title insurance.

Q: When an attorney issues a certificate of title, he has based his opinion on an abstract of title.

Q: A man bought a home two years ago and sold it a year later. You would expect to find his name and a reference to the home in the mortgagee index.

Q: Mortgages, judgments and trust deeds are usually recorded however, 6-month leases are not.

Q: People record deeds to provide constructive notice to the world.

Q: A formal declaration by a person signing that he or she did, in fact, sign the document is called a jurat.

Q: A Torrens certificate of title does which of the following? a. Grants title b. Alienates title c. Eliminates the need to search back further in time than the most recent quiet title action d. Guarantees against encroachments

Q: A request for a court-appointed hearing to determine the lawful ownership of a parcel of land is called a a. cloudy title suit. b. quiet title suit. c. partition suit. d. eminent domain suit.

Q: The Marketable Title Act, as presently used in the United States a. cuts off inactive claims to rights or interests. b. offers state-sponsored title insurance. c. guarantees title insurance. d. automatically renews title insurance.

Q: Title that is free from reasonable doubt as to who is the owner and his ability to convey the property, is called a. marketable title. b. cloudy title. c. naked title. d. colorful title.

Q: Title insurance premiums are paid a. annually. b. semi-annually. c. upon assumption of the loan. d. at the inception of the policy.

Q: A title insurance policy in favor of the mortgagee will insure the a. owner. b. buyer. c. buyer and seller. d. lender.

Q: A lender wanting title insurance coverage on a property it is taking as collateral would ask for a. an owner's title policy. b. a mortgagee's title policy. c. a mortgagor's title policy. d. a buyer's policy.

Q: A preliminary title insurance report will show all of the following EXCEPT a. unrecorded easements. b. mortgages of record. c. property taxes and assessments. d. judgements against the seller.

Q: Standard owner's title insurance coverage insures against all of the following EXCEPT a. unrecorded encroachments. b. recorded easements. c. recorded liens. d. forgery of documents.

Q: A standard owner's title insurance policy covers a. forgery and impersonation. b. matters a prudent buyer could discover on their own. c. water rights. d. government restrictions.

Q: Which statement is true of title insurance? a. It is required by law b. It insures the owner against defects in title c. It reveals all defects in the chain of title d. It is only required for commercial property

Q: Most title insurance does not insure against a. public records. b. unrecorded liens. c. easements of record. d. encumbrances of record.

Q: A title report usually includes all of the following EXCEPT a. the property description. b. the conditions of the purchase agreement for this sale. c. a list of recorded objections for claims to title. d. a statement that there could be unrecorded matters that encumber title.

Q: A report on the claims to title is prepared. It contains a listing of the full chain of title for 80 years. It concludes with a statement of an attorney stating the current condition of the title and who presently has claim to it. In most states this document would be known as a a. title report. b. certificate of title. c. jurat. d. abstract of title.

Q: To be certain that the seller is actually the owner of the property, the buyer should order a. an estoppel certificate. b. a general warranty deed. c. a survey. d. a title search.

Q: What is an abstract of title? a. Title insurance b. A history of all recorded activity affecting a parcel of real estate c. A judgement on real property d. A patent

Q: Information regarding pending law suits would be found in the a. lis pendens index. b. judgement roles. c. mortgagee index. d. grantor index.

Q: Albert owns a certain parcel of land. You cold most easily find Albert's name and this parcel listed in the a. grantee index. b. grantor index. c. trustor index. d. lis pendens index.

Q: Which of the following most correctly describes "chain of title"? a. Boundary descriptions of the property b. Encumbrances which prevent use of the land c. Succession of property owners d. Recording laws

Q: All of the following real estate documents are usually recorded EXCEPT a. a mortgage. b. an easement. c. a 99-year lease. d. a promissory note.

Q: A deed, which is not recorded, is a. void. b. voidable. c. unenforceable. d. valid.

Q: Documents are recorded by a. placing the original document on file in the recorder's office. b. submitting the original document which is photocopied and placed on file. c. copying the original document and returning it and the copy to the grantor. d. filing the name and address of the property owner.

Q: A notary public's commission expires on January 1, 2010. He may take a valid acknowledgement a. if he applied for renewal before that date. b. within 30 days after that date. c. through January 1, 2010. d. any time, because notaries are commissioned for life.

Q: Which of the following is true of an acknowledgement? a. It may be witnessed by a notary public. b. Many states require that deeds be acknowledged before title passes. c. The notary must attest that the deed is valid. d. It is required by the Statute of Frauds.

Q: An acknowledgement can be witnessed by a notary public a. in person. b. by mail. c. by fax. d. by proxy.

Q: The recording of an instrument in the proper county provides the public with a. constructive notice. b. final notice. c. bona fide notice. d. after-acquired notice.

Q: Deeds are recorded a. to provide constructive notice of their existence. b. because the law requires it. c. to satisfy a lender. d. to give actual notice.

Q: Notice of ownership given by one's presence on his land is called a. constructive notice. b. public notice. c. inquiry notice. d. attendant notice.

Q: A public records office will record which of the following documents affecting land? a. Deed b. Eviction notice c. Six month lease d. Bill of sale

Q: An instrument effecting the title to a parcel of real estate gives constructive notice to the world when it is recorded with the a. county recorder. b. city clerk. c. real estate commissioner. d. title insurance company.

Q: Through the unauthorized occupation of another person's land for a long enough period of time, it is possible to acquire ownership by _________________________.

Q: A ____________________ will is a will that is entirely handwritten, with no typed or preprinted words.

Q: Real property that is willed is known as a ____________________ and the recipient is the ____________________.

Q: If a person dies without leaving a last will and testament she is said to have died ____________________.

Q: In a ____________________ deed, if the grantor has no interest, right or title to the property described in the deed, none is conveyed to the grantee.

Q: In a _________________________ deed, the grantor warrants the property's title only against defects occurring during the grantor's ownership and not against defects existing before that time.

Q: The "To have and to hold clause" is also known as the ____________________ clause.

Q: The deed from that is considered to be the best for the buyer is the _________________________ deed.

Q: In addition to a grantor, grantee, land description, consideration and grantor signature, for a deed to convey ownership, there must be ____________________ and ____________________.

Q: The actual act of conveying ownership is known as a ____________________.

Q: A holographic will is a typed or preprinted will.

Q: An oral will, more properly known as a nuncupative will, is a will spoken by a person who is very near death.

Q: When an adverse claimant tacks on his period of possession to that of a prior adverse occupant, this is called tacking.

Q: A change in ownership of any kind is known as a forfeiture of title.

Q: A transfer of land by a private party to a government entity is called a public grant.

Q: A legal process of acquiring additional property that is added to property already owned is called accession.

Q: A forged deed could result in a valid conveyance of title.

Q: Elaine wants to leave her real estate to her nephew, Farquart, but desires the flexibility to change her mind in the future. She can accomplish this goal with a joint tenancy with her nephew.

Q: A special warranty deed places the least obligations on the grantor.

Q: Sylvia, as executor of a relative's estate, realized that she had no authority to warrant and defend the acts of previous title holders when conveying the property to the new owners. She would probably use a special warranty deed.

Q: A general warranty deed protects the grantee against future problems with the grantee's title that occurred before transfer.

Q: For land title to be passed, the deed must be recorded.

Q: The covenant which promises that the grantor will execute any instruments necessary to protect the grantee's title is the covenant against encumbrances.

Q: Because it is implied, a granting clause is not necessary in most states for a deed to be valid.

Q: The signature of the grantor is required in most states for any deed to be valid.

Q: For a deed to convey title to real property, it must contain the legal description of the property.

Q: The grantee's signature is required in a deed.

Q: The person giving up ownership is called the grantee.

Q: In real estate, the word "convey" means to transfer.

Q: A gift deed conveys legal title.

Q: One can transfer title to real property by all of the following EXCEPT a. quitclaim deed. b. deed to a minor. c. alienation. d. trust deed.

Q: In most subdivisions, the developer donates to the public a. streets and roads. b. common areas in the subdivision. c. park lands. d. school land.

Q: Which of the following is a result of one's land area being increased by receding water? a. Reliction b. Alluvion c. Avulsion d. Erosion

Q: Which of the following would NOT involve the documented transfer of title? a. Avulsion b. Eminent Domain c. Adverse possession d. Foreclosure

Q: When land is gradually added to an existing parcel by the action of water, the process is called a. avulsion. b. accretion. c. erosion. d. reliction.

Q: That which gives the appearance of title, but is not in fact title is a. cloud of title. b. color of title. c. burden of title. d. unlawful.

Q: A landowner can break an adverse claim by all of the following EXCEPT a. forcibly removing the adverse occupant. b. giving the adverse occupant permission to stay. c. preventing the trespassers from entering. d. observing the adverse occupant.

Q: An unwitnessed handwritten will is called a a. poor man's will. b. codicil. c. personal will. d. holographic will.

Q: Which of he following would defeat a claim of adverse possession? a. A permission to enter b. Exclusive occupancy c. Visible possession d. Continuous possession

Q: A person appointed by a court to settle the estate of a deceased person who died intestate is a. an executor. b. a legatee. c. an administrator. d. a devisor.

Q: A person who makes a will is called a. a devisee. b. a testator. c. a legatee. d. an executor.

Q: A person owns property in severalty. He dies testate so the property a. is acquired by the surviving joint tenant. b. is probated and distributed according to the will. c. escheats to the state. d. is distributed equally among his relatives.

Q: Covenants or warranties are found in all of the following EXCEPT a. special warrant deeds. b. quitclaim deeds. c. general warranty deeds. d. grant deeds.