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| Section | Objectives |
|---|---|
| Topic 1: Real Estate and Settlement Procedures | - Closing Process
|
| Topic 2: Insurance Industry Overview | - Regulatory Framework
|
| Topic 3: Title Insurance Principles | - Title Insurance Policies
|
| Topic 4: Ethics and Professional Conduct | - Fiduciary Responsibilities
|
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NEW QUESTION # 38
According to the Fair Credit Reporting Act, an insurer needs to do all of the following, EXCEPT
Answer: B
Explanation:
The Fair Credit Reporting Act requires notice and disclosure duties when consumer reports or investigative consumer reports are used. An insurer must properly notify the applicant when an investigative report may be obtained and must provide required adverse-action notice if insurance is denied or affected based on report information. The applicant also has rights relating to the nature and scope of an investigative consumer report.
However, the FCRA does not require the insurer to personally discuss every credit-history inconsistency with the applicant. The consumer's dispute rights are generally exercised with the consumer reporting agency, not through an insurer's mandatory discussion process. The Pennsylvania Title Insurance outline expressly includes the Fair Credit Reporting Act under federal regulation in the Insurance Regulation section.
NEW QUESTION # 39
A local bank holds a mortgage on a certain property. A national bank has purchased the loan from the local bank. The proper document to be recorded in the recorder's office to evidence the ownership of the mortgage by the national bank is referred to as
Answer: A
Explanation:
An assignment is the correct recorded instrument when the ownership of a mortgage loan is transferred from one lender to another. The local bank is not releasing the mortgage, so "satisfaction" is wrong. It is also not changing lien priority, so "subordination" is wrong. A reconveyance is commonly associated with deed-of- trust jurisdictions, not the ordinary Pennsylvania mortgage-transfer concept tested here. For title purposes, the recorded assignment gives record notice that the national bank is now the mortgage holder or assignee. This falls directly under the Pennsylvania Title Insurance outline's clearing-title principles, which specifically include releases, assignments, subordinations, and affidavits as tools used to resolve title matters.
NEW QUESTION # 40
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 # 41
The term used in the Real Estate Settlement Procedure Act (RESPA), that describes a situation in which a person must use a particular provider for settlement services in order to have access to some distinct service or property, is known as
Answer: C
Explanation:
The correct RESPA term is "required use." Under Regulation X, required use means a situation where a person must use a particular settlement-service provider to obtain access to another distinct service or property, and the person pays for that settlement service or a related charge. "Bundled services" may describe a package of services, but RESPA does not use that term for this specific prohibited steering concept. "Tied benefits" is not the formal RESPA term. "Anti-kickback" relates to RESPA Section 8 prohibitions against improper referral fees, but it is not the definition quoted in the question. The Pennsylvania Title Insurance outline includes RESPA under settlement and closing procedures.
NEW QUESTION # 42
What is the purpose of probate of an estate?
Answer: A
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 # 43
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