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| Section | Weight | Objectives |
|---|
| Title Insurance Principles | | - Insurable interests
- 1. Easements
- 2. Fee simple estate
- 3. Life estate
- 4. Leasehold estate
- Policy structure
- 1. Conditions and stipulations
- 2. Schedule B exceptions
- 3. Endorsements
- 4. Exclusions
- 5. Insuring provisions
- 6. Schedule A
- Risks covered by title insurance
- 1. Errors in public records
- 2. Errors by producer
- 3. Hidden off-record risks
- Title search techniques
- 1. Computer index
- 2. Hard copy index
- 3. Chain sheet
- Title insurance policies
- 1. Commitments
- 2. Enhanced policies
- 3. Loan policy
- 4. Owner's policy
- 5. Leasehold policy
|
| Title Exceptions and Procedures for Clearing Title | 21% | - Liens and encumbrances
- 1. Judgments
- 2. Taxes and assessments
- 3. Involuntary liens
- 4. Federal liens
- 5. Voluntary liens
- General exceptions - Property-related issues
- 1. Attachments
- 2. Water rights
- 3. Surveys
- 4. Mineral rights
- 5. Equitable interests
- 6. Condominiums
|
| Insurance Regulation | 12% | - State regulation
- 1. Commissioner's general duties and powers
- Producer regulation
- 1. Charges for extra services
- 2. Record keeping
- 3. Unfair inducements and marketing practices
- 4. Prohibited acts
- Company regulation
- 1. Solvency requirements
- 2. Rates regulation
- 3. Unfair claims settlement practices
- Title insurance law requirements
- 1. Examination of title required
- Federal regulation
- 1. Fair Credit Reporting Act
- 2. Fraud and false statements (18 USC 1033/1034)
- Unfair trade practices
- 1. Twisting
- 2. Rebates and inducements
- 3. Boycott, coercion or intimidation
- 4. Defamation
- 5. Misrepresentation
- 6. Unfair discrimination
- 7. False advertising
- Licensing
- 1. Title producer additional requirements
- 2. Persons to be licensed
- 3. Reporting of actions
- 4. Assumed names
- 5. Address change
- 6. Expiration
- 7. Revocation, suspension, nonrenewal or denial of license
- 8. Disciplinary actions
- 9. Licensing process
- 10. General requirements
- 11. Renewal
- 12. Continuing education
- 13. Appointment procedures
- 14. Cease and desist orders
- 15. Maintenance and duration
|
| General Insurance Concepts | 3% | |
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Insurance Licensing Pennsylvania Producers Examination for Title Insurance Series 16-10 Sample Questions (Q30-Q35):
NEW QUESTION # 30
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
- A. tied benefits.
- B. anti-kickback.
- C. bundled services.
- D. required use.
Answer: D
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 # 31
Which of the following is the broadest form of ownership allowed by law?
- A. leasehold
- B. easement estate
- C. fee simple
- D. life estate
Answer: C
Explanation:
Fee simple is the broadest and most complete form of real property ownership. A fee simple owner generally holds the full bundle of ownership rights, subject only to governmental powers, valid private restrictions, liens, easements, and other lawful encumbrances. A leasehold is a possessory interest for a term, not full ownership. A life estate lasts only for the measuring life and terminates at death. An easement is a limited right to use or benefit from another's land, not full ownership of the land itself. This distinction is central to title insurance because the policy must identify the estate or interest being insured. The Pennsylvania title outline lists fee simple estate, leasehold estate, life estate, and easements as insurable interests.
NEW QUESTION # 32
Coverage under a loan policy remains effective
- A. until the lender assigns the mortgage.
- B. during the life of the owner.
- C. until the property is sold.
- D. until the secured debt is satisfied.
Answer: D
NEW QUESTION # 33
A deed was properly completed and executed. Title to the property passed when the deed was
- A. recorded.
- B. acknowledged.
- C. signed.
- D. accepted by the grantee.
Answer: D
Explanation:
Title passes by delivery and acceptance of the deed, not merely by signing, acknowledgment, or recording.
Signing shows execution by the grantor, but a deed does not operate as a conveyance unless delivered with intent to transfer and accepted by the grantee. Acknowledgment supports recordability, but it does not by itself complete transfer of title. Recording gives public notice and protects priority against later purchasers or creditors, but recording is not the act that transfers title between grantor and grantee. This distinction is fundamental in title examination because an examiner must confirm execution, delivery, acceptance, and record notice. The Pennsylvania title outline covers conveyances, deeds, acquisition and transfer of real property, acknowledgments, recording, and presumptions.
NEW QUESTION # 34
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. 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.
- B. The easement can be considered abandoned because Bob no longer hunts and has no intention to use the easement in the future.
- C. Eddie can sell the land without regard for the easement because Bob stopped using it in 1995.
- D. Eddie can sell if Bob executes a release of the easement and it is filed at the recorder's office.
Answer: D
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 # 35
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