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| Section | Objectives |
|---|---|
| Ethics and Professional Conduct | - Fiduciary Responsibilities
|
| Real Estate and Settlement Procedures | - Legal Concepts
|
| Insurance Industry Overview | - Fundamentals of Insurance Principles
|
| Title Insurance Principles | - Title Search and Examination
|
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NEW QUESTION # 65
The Real Estate Settlement Procedure Act (RESPA), Section 8 violation that refers to a person giving or accepting a fee or "thing of value" for the referral of business is known as a
Answer: C
Explanation:
The correct RESPA Section 8 term is kickback. RESPA prohibits giving or accepting any fee, kickback, or thing of value under an agreement or understanding that settlement-service business will be referred.
"Required use" is a separate RESPA concept involving conditioning access to a service or property on use of a particular settlement-service provider. Conversion is wrongful control over another's property or funds, not the RESPA referral-fee violation. Bundled services describes grouped services but is not the statutory violation described here. In title and settlement practice, referral payments are heavily regulated because they can distort consumer choice and settlement costs. The Pennsylvania title outline includes RESPA under settlement and closing procedures.
NEW QUESTION # 66
A chain of title is best described as
Answer: D
Explanation:
A chain of title is the sequence of recorded conveyances showing how title passed from one owner to the next over time. It is not simply an attorney's opinion, although an attorney or title examiner may review the chain and give conclusions about marketability. It is not merely a history of liens, because liens are encumbrances, not conveyances of ownership. It is also not the grantor/grantee index itself; the index is a search tool used to locate recorded instruments. In title insurance, establishing the chain of title is critical because gaps, incorrect names, missing deeds, probate issues, or defective conveyances may create title defects. Pennsylvania's title outline expressly includes title searching techniques, chain sheets, hard-copy and computer indexes, and public-record conveyances.
NEW QUESTION # 67
When issuing an Owner's policy, encumbrances should be shown as
Answer: B
Explanation:
Encumbrances that will remain against the property and are not insured over should be listed on Schedule B as exceptions. Schedule A identifies basic policy information such as the insured, estate or interest insured, policy amount, and legal description. Schedule B is where exceptions from coverage are listed, including easements, restrictions, liens, taxes, covenants, or other matters that the policy will not cover. Schedule B-I is commonly associated with commitment requirements that must be satisfied before issuing the policy, not final policy exceptions. Schedule C is not the correct schedule for owner's policy encumbrance exceptions in this testing context. The Pennsylvania title outline specifically lists Schedule A, Schedule B exceptions, exclusions, and title insurance policy structure.
NEW QUESTION # 68
A real estate interest that passes at death by operation of law to the surviving title holder is known as
Answer: A
Explanation:
Joint tenancy, when created with the right of survivorship, allows the deceased joint tenant's interest to pass automatically to the surviving title holder by operation of law. That survivorship feature is what the question is testing. Tenancy in common does not include automatic survivorship; a deceased tenant in common's share passes through the estate or by will or intestacy. A real estate contract interest is contractual, not a survivorship estate. Fee simple describes the broadest ownership estate, but it does not itself identify how title passes at death. For title purposes, survivorship ownership must be confirmed because it affects whether probate is required and how marketable title is shown after death. Pennsylvania's title outline includes joint tenancy, tenancy in common, tenancy by the entirety, and decedents' estates.
NEW QUESTION # 69
Who of the following CANNOT be covered by a Closing Protection Letter?
Answer: C
Explanation:
A closing protection letter protects a covered party against certain losses caused by the title insurer's issuing agent or approved attorney in connection with the closing. The escrow or closing agent is the party whose misconduct or failure to follow written closing instructions may trigger the CPL protection; that agent is not the protected party under the letter. The Pennsylvania TIRBOP/ALTA CPL form identifies the protection as indemnity for the addressee's actual loss of funds and ties eligibility to the lender or purchaser/lessee role in the transaction. Therefore, the escrow agent cannot be covered by the CPL. This fits the exam outline's Real Estate Transactions topic, specifically insured closing protection.
NEW QUESTION # 70
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