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| Section | Weight | Objectives |
|---|
| Topic 1: Title Exceptions and Procedures for Clearing Title | 21% | - Liens and encumbrances
- 1. Federal liens
- 2. Taxes and assessments
- 3. Involuntary liens
- 4. Judgments
- 5. Voluntary liens
- Property-related issues
- 1. Attachments
- 2. Mineral rights
- 3. Surveys
- 4. Water rights
- 5. Condominiums
- 6. Equitable interests
- General exceptions
|
| Topic 2: General Insurance Concepts | 3% | |
| Topic 3: Insurance Regulation | 12% | - Licensing
- 1. Disciplinary actions
- 2. Maintenance and duration
- 3. Cease and desist orders
- 4. Appointment procedures
- 5. Persons to be licensed
- 6. Renewal
- 7. Title producer additional requirements
- 8. General requirements
- 9. Revocation, suspension, nonrenewal or denial of license
- 10. Address change
- 11. Assumed names
- 12. Continuing education
- 13. Licensing process
- 14. Reporting of actions
- 15. Expiration
- Unfair trade practices
- 1. Defamation
- 2. Misrepresentation
- 3. Boycott, coercion or intimidation
- 4. Twisting
- 5. Unfair discrimination
- 6. False advertising
- 7. Rebates and inducements
- Title insurance law requirements
- 1. Examination of title required
- Federal regulation
- 1. Fraud and false statements (18 USC 1033/1034)
- 2. Fair Credit Reporting Act
- Producer regulation
- 1. Record keeping
- 2. Unfair inducements and marketing practices
- 3. Prohibited acts
- 4. Charges for extra services
- State regulation
- 1. Commissioner's general duties and powers
- Company regulation
- 1. Unfair claims settlement practices
- 2. Solvency requirements
- 3. Rates regulation
|
| Topic 4: Title Insurance Principles | | - Risks covered by title insurance
- 1. Errors in public records
- 2. Errors by producer
- 3. Hidden off-record risks
- Title insurance policies
- 1. Loan policy
- 2. Owner's policy
- 3. Enhanced policies
- 4. Leasehold policy
- 5. Commitments
- Policy structure
- 1. Insuring provisions
- 2. Schedule A
- 3. Exclusions
- 4. Endorsements
- 5. Conditions and stipulations
- 6. Schedule B exceptions
- Insurable interests
- 1. Fee simple estate
- 2. Life estate
- 3. Leasehold estate
- 4. Easements
- Title search techniques
- 1. Computer index
- 2. Chain sheet
- 3. Hard copy index
|
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Insurance Licensing Pennsylvania Producers Examination for Title Insurance Series 16-10 Sample Questions (Q46-Q51):
NEW QUESTION # 46
A chain of title is best described as
- A. an historical record of liens on the property.
- B. an opinion of title provided by an attorney.
- C. a series of conveyances of public record.
- D. a grantor/grantee index.
Answer: C
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 # 47
Which of the following items is least likely to be recorded?
- A. mortgage lien
- B. bill of sale
- C. satisfaction of mortgage
- D. mechanic's lien
Answer: B
Explanation:
A bill of sale is least likely to be recorded in the real property records because it usually transfers personal property, not an estate or lien in real property. By contrast, a mortgage lien is recorded to give public notice of the lender's security interest. A mechanic's lien is recorded or filed to preserve a statutory claim for labor or materials. A satisfaction of mortgage is recorded to show that a mortgage lien has been paid and released.
Recording is essential in title practice because title examiners rely on public records to identify conveyances, liens, releases, and encumbrances affecting land. The Pennsylvania title outline includes mortgages, releases, recording steps, recording systems, mechanic's liens, and title exceptions.
NEW QUESTION # 48
Which of the following statements is true concerning an unrecorded deed?
- A. it does not give constructive notice of ownership
- B. it is not valid between the grantor and the grantee
- C. it need not name the grantee
- D. it need not contain a legal description
Answer: A
Explanation:
An unrecorded deed may be valid between the grantor and grantee if properly executed, delivered, and accepted, but it does not give constructive notice to third parties through the land records. Constructive notice arises from proper recording, allowing later purchasers, lenders, judgment creditors, and title examiners to discover the ownership claim. A deed must still name the parties and contain an adequate legal description to identify the property. The false assumption is that recording is required for validity between the original parties; recording is mainly about public notice and priority protection. Pennsylvania recording law protects later bona fide purchasers, mortgagees, and judgment holders against unrecorded instruments lacking actual or constructive notice.
NEW QUESTION # 49
In 1990, Eddie granted to Bob an easement to cross Eddie's land to reach some hunting grounds off the highway. The easement was depicted on a plat of survey recorded in the county land records. In 1995, Bob stopped hunting and has not used the easement since. Bob never intends to go back there again. How can Eddie get rid of the easement that crosses his property, so that Eddie can sell the land free of the easement?
- A. Eddie can sell the land without regard for the easement because Bob stopped using it in 1995.
- B. Eddie can sell if Bob executes a release of the easement and it is filed at the recorder's office.
- C. The easement can be considered abandoned because Bob no longer hunts and has no intention to use the easement in the future.
- D. Bob must join Eddie in the execution of the contract to the new buyer to release the new buyer from the effects of the easement.
Answer: B
Explanation:
Because the easement was recorded, it remains a title exception until it is properly released or otherwise legally extinguished of record. Bob's nonuse and present intention not to return may support an abandonment argument in some cases, but that is not clean enough for title insurance or marketable title. Eddie needs a recordable release executed by Bob and filed in the recorder's office so the land records show that the easement no longer burdens the property. Eddie cannot simply ignore the recorded easement, and Bob signing the buyer's sales contract would not be the proper public-record release. This is a title-clearing issue because the Pennsylvania title outline specifically includes easements, general exceptions, claims against title, releases, and title-clearing procedures.
NEW QUESTION # 50
A real estate interest that passes at death by operation of law to the surviving title holder is known as
- A. tenancy in common.
- B. real estate contract interest.
- C. fee simple estate.
- D. joint tenancy.
Answer: D
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 # 51
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