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| Section | Weight | Objectives |
|---|---|---|
| General Insurance Concepts | 3% | |
| Title Insurance Principles | - Title insurance policies
| |
| Insurance Regulation | 12% | - Company regulation
|
| Title Exceptions and Procedures for Clearing Title | 21% | - Liens and encumbrances
|
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NEW QUESTION # 11
A state tax lien filed in the county where the taxpayer owns property is
Answer: D
Explanation:
A state tax lien filed in the county where the taxpayer owns property operates as a lien against the taxpayer's property in that county, not merely against one specifically described parcel or only when the property is sold.
Tax liens are involuntary liens created to secure unpaid tax obligations and must be considered in title examination because they can affect sale, refinance, priority, and insurability. Pennsylvania tax lien rules provide that, upon entry of record by the prothonotary where the property is situated, the tax amount is a lien in favor of the Commonwealth against the taxpayer's real property and certain personal property. The Pennsylvania title outline includes taxes and assessments, federal liens, judgments, and voluntary and involuntary liens.
NEW QUESTION # 12
The MAIN purpose of insurance is to
Answer: A
Explanation:
The main purpose of insurance is to transfer risk. The insured transfers the financial consequences of a covered loss to the insurer in exchange for premium. Insurance does not eliminate the underlying risk or guarantee that a title defect, lien, or loss will never occur. It also does not primarily "alter" risk. Risk reduction may occur through underwriting, searches, surveys, and loss-prevention procedures, but that is not the central contractual purpose of insurance. Retention is the opposite concept: the person keeps the risk instead of transferring it. In title insurance, the buyer or lender transfers covered title-loss risk to the title insurer. The Pennsylvania title outline includes risk, loss, exposure, and methods of handling risk, including transfer and retention.
NEW QUESTION # 13
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: B
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 # 14
To satisfy a mortgage of record, which of the following must be filed?
Answer: C
Explanation:
A mortgage of record is cleared by recording a mortgage satisfaction, often called a satisfaction piece. A payoff statement shows the amount needed to pay the loan, but it does not release the lien from the land records. The original note evidences the debt and may be marked paid, but it is not the recorded release instrument. A certified copy of the original mortgage only proves the existence or contents of the recorded mortgage; it does not satisfy it. Pennsylvania's Mortgage Satisfaction Act states that mortgages are satisfied by satisfaction pieces or, in residential cases, settlement officer satisfactions, and that the recording officer indexes them against the mortgagee or last assignee.
NEW QUESTION # 15
The sale of a property was subject to the buyer's being able to assume an existing loan on the property. Upon examination, the note was found to contain a clause that prohibited the assumption of the loan. The clause was
Answer: C
Explanation:
A due-on-sale clause allows the lender to call the loan due when the property is sold or transferred, preventing the buyer from simply assuming the seller's existing loan without lender approval. That directly matches the question's wording: the buyer wanted to assume the existing loan, but the note contained a clause prohibiting that assumption. An assumption clause would allow or describe assumption, not prohibit it. A prepayment clause concerns paying the loan before maturity. A subordination clause changes lien priority between interests; it has nothing to do with whether a buyer may assume the loan. This belongs under Real Estate Transactions because the Pennsylvania title exam tests notes, mortgages, loan closings, recording, and settlement procedures.
NEW QUESTION # 16
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