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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Real Property Law | 25% | - Conveyance and recording statutes - Property rights and interests - Liens, encumbrances, and easements |
| Topic 2: General Insurance Concepts | 15% | - Risk and indemnity - Basic insurance principles - Contract law fundamentals |
| Topic 3: Real Estate Transactions & Settlement | 10% | - Escrow and closing procedures - Policy issuance and delivery - Disbursement and record-keeping |
| Topic 4: Title Insurance Principles | 25% | - Title search and examination procedures - Title commitments and policy forms - Purpose and function of title insurance - Exceptions and risk elimination |
| Topic 5: Insurance Regulation | 25% | - Pennsylvania insurance statutes and regulations - Unfair trade practices and ethics - Licensing requirements and procedures |
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NEW QUESTION # 41
Title insurance NOT covering the insured for unpaid property taxes, which are NOT known at the time of closing, would be considered a
Answer: A
Explanation:
Unpaid property taxes that are not known or not shown as existing liens at the time of closing are typically handled as a standard exception from title insurance coverage. A standard exception removes broad categories of risk from coverage unless the title company has enough evidence to delete or modify the exception. The answer is not "judgment" because a judgment is a court-created lien. It is not "federal lien" because the question refers generally to property taxes, not a federal tax lien. It is not "covenant," because covenants are restrictions or promises affecting land use. Pennsylvania's title outline specifically includes Schedule B exceptions, exclusions, taxes and assessments, and general exceptions as tested title-insurance concepts.
NEW QUESTION # 42
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
Answer: D
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 # 43
Who of the following CANNOT be covered by a Closing Protection Letter?
Answer: A
Explanation:
A closing protection letter protects a covered party against certain losses caused by the title insurer's issuing agent or approved attorney in connection with the closing. The escrow or closing agent is the party whose misconduct or failure to follow written closing instructions may trigger the CPL protection; that agent is not the protected party under the letter. The Pennsylvania TIRBOP/ALTA CPL form identifies the protection as indemnity for the addressee's actual loss of funds and ties eligibility to the lender or purchaser/lessee role in the transaction. Therefore, the escrow agent cannot be covered by the CPL. This fits the exam outline's Real Estate Transactions topic, specifically insured closing protection.
NEW QUESTION # 44
Under the terms of a title insurance policy, when a disputed claim is decided by a neutral third party, the process is called
Answer: B
Explanation:
When a disputed claim is decided by a neutral third party outside the ordinary court process, the process is arbitration. Litigation means resolving the dispute in court. Subrogation is the insurer's right, after paying a covered loss, to step into the insured's position and pursue responsible parties or recover priority rights.
Indemnification is the insurer's promise to compensate the insured for covered loss, not the dispute-resolution method. Title policies contain conditions that govern notice of claim, defense, settlement, payment, subrogation, and dispute resolution. Therefore, the neutral third-party decision process is arbitration. The Pennsylvania title outline tests title policy conditions and stipulations, insuring provisions, covered risks, and claim-related policy structure.
NEW QUESTION # 45
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?
Answer: C
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 # 46
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