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| Section | Weight | Objectives |
|---|
| Topic 1: Insurance Regulation | 12% | - Producer regulation
- 1. Charges for extra services
- 2. Prohibited acts
- 3. Record keeping
- 4. Unfair inducements and marketing practices
- Company regulation
- 1. Unfair claims settlement practices
- 2. Solvency requirements
- 3. Rates regulation
- Unfair trade practices
- 1. Twisting
- 2. False advertising
- 3. Defamation
- 4. Misrepresentation
- 5. Boycott, coercion or intimidation
- 6. Unfair discrimination
- 7. Rebates and inducements
- Title insurance law requirements
- 1. Examination of title required
- Licensing
- 1. Continuing education
- 2. Revocation, suspension, nonrenewal or denial of license
- 3. Licensing process
- 4. General requirements
- 5. Expiration
- 6. Disciplinary actions
- 7. Persons to be licensed
- 8. Renewal
- 9. Reporting of actions
- 10. Cease and desist orders
- 11. Title producer additional requirements
- 12. Maintenance and duration
- 13. Appointment procedures
- 14. Assumed names
- 15. Address change
- State regulation
- 1. Commissioner's general duties and powers
- Federal regulation
- 1. Fraud and false statements (18 USC 1033/1034)
- 2. Fair Credit Reporting Act
|
| Topic 2: Title Exceptions and Procedures for Clearing Title | 21% | - Liens and encumbrances
- 1. Involuntary liens
- 2. Judgments
- 3. Taxes and assessments
- 4. Voluntary liens
- 5. Federal liens
- Property-related issues
- 1. Water rights
- 2. Equitable interests
- 3. Mineral rights
- 4. Surveys
- 5. Attachments
- 6. Condominiums
- General exceptions
|
| Topic 3: General Insurance Concepts | 3% | |
| Topic 4: Title Insurance Principles | | - Title search techniques
- 1. Computer index
- 2. Hard copy index
- 3. Chain sheet
- Title insurance policies
- 1. Enhanced policies
- 2. Loan policy
- 3. Owner's policy
- 4. Commitments
- 5. Leasehold policy
- Risks covered by title insurance
- 1. Hidden off-record risks
- 2. Errors by producer
- 3. Errors in public records
- Policy structure
- 1. Schedule B exceptions
- 2. Insuring provisions
- 3. Exclusions
- 4. Schedule A
- 5. Conditions and stipulations
- 6. Endorsements
- Insurable interests
- 1. Life estate
- 2. Fee simple estate
- 3. Easements
- 4. Leasehold estate
|
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Insurance Licensing Pennsylvania Producers Examination for Title Insurance Series 16-10 Sample Questions (Q11-Q16):
NEW QUESTION # 11
What is the purpose of probate of an estate?
- A. to transfer a deceased's debts
- B. to establish heirs
- C. to avoid inheritance tax
- D. to foreclose a lien
Answer: B
Explanation:
Probate is used to administer a decedent's estate and determine who has legal authority or entitlement to receive the decedent's property. In title work, probate matters are important because title may pass through a will, intestacy, executor, administrator, heirs, or devisees. The best answer is therefore "to establish heirs." Probate does not exist to avoid inheritance tax; tax issues may arise during administration, but avoidance is not its purpose. It also does not transfer a deceased person's debts or foreclose liens. The Pennsylvania Title Insurance examination outline places decedents' estates, intestate succession, testate succession, and trusts under Real Property, which is exactly the subject tested by this question.
NEW QUESTION # 12
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
- A. bundled services.
- B. kickback.
- C. required use.
- D. conversion.
Answer: B
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 # 13
When insuring a mortgage where there are intervening liens that prevent the lender from holding first lien priority, such other liens may be
- A. restricted to the lien of the subject mortgage.
- B. subrogated to the lien of the insured mortgage.
- C. subordinated to the lien of the subject mortgage.
- D. waived to the lien of the subject mortgage.
Answer: C
Explanation:
Intervening liens that would prevent the lender from having first lien priority can be addressed by subordination. A subordination agreement makes an otherwise prior or intervening lienholder agree that its lien will rank behind the insured mortgage. That clears the priority problem for loan-policy underwriting.
"Waived to the lien" and "restricted to the lien" are not the correct title-clearing terms. Subrogation is different: it allows one party to step into another party's priority position after paying a debt or claim; it is not the normal document used when an existing lienholder agrees to become junior. The Pennsylvania title outline expressly includes voluntary and involuntary liens, releases, assignments, subordinations, and title-clearing procedures.
NEW QUESTION # 14
An agent who collects money from an insured and holds it for payment to the insurer is
- A. providing coverage.
- B. wrongfully withholding funds.
- C. acting in a fiduciary capacity.
- D. commingling funds.
Answer: C
Explanation:
An agent who collects money from an insured and holds it for payment to the insurer is acting in a fiduciary capacity. A fiduciary must hold and handle funds for the benefit of the party entitled to them, not for the agent' s personal use. Wrongfully withholding funds would occur if the agent failed to remit or misused the money.
Commingling would occur if the agent mixed fiduciary funds with personal or operating funds improperly.
Collecting premium or escrow-related money also does not itself provide coverage; coverage arises from the insurance contract and insurer authority. Pennsylvania title agency law specifically requires title agents to collect and hold funds due the title insurer in a fiduciary capacity in appropriate accounts.
NEW QUESTION # 15
Which of the following is considered an involuntary lien?
- A. deed restriction
- B. federal tax lien
- C. HELOC loan
- D. a life estate reservation
Answer: B
Explanation:
A federal tax lien is an involuntary lien because it arises by operation of law when federal tax obligations are unpaid; it is not created voluntarily by the property owner as loan collateral. A HELOC loan is voluntary because the borrower intentionally grants a mortgage or security interest to secure the credit line. A deed restriction is a covenant or limitation affecting use of the property, not a lien for payment. A life estate reservation creates or reserves an estate in land, not a creditor's lien. The Pennsylvania Title Insurance exam outline expressly includes voluntary and involuntary liens, federal liens, judgments, taxes, and assessments under Title Exceptions and Procedures for Clearing Title.
NEW QUESTION # 16
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