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| Section | Objectives |
|---|---|
| Topic 1: Ethics and Professional Conduct | - Fiduciary Responsibilities
|
| Topic 2: Real Estate and Settlement Procedures | - Closing Process
|
| Topic 3: Title Insurance Principles | - Title Search and Examination
|
| Topic 4: Insurance Industry Overview | - Regulatory Framework
|
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NEW QUESTION # 39
When issuing an Owner's policy, encumbrances should be shown as
Answer: C
Explanation:
Encumbrances that will remain against the property and are not insured over should be listed on Schedule B as exceptions. Schedule A identifies basic policy information such as the insured, estate or interest insured, policy amount, and legal description. Schedule B is where exceptions from coverage are listed, including easements, restrictions, liens, taxes, covenants, or other matters that the policy will not cover. Schedule B-I is commonly associated with commitment requirements that must be satisfied before issuing the policy, not final policy exceptions. Schedule C is not the correct schedule for owner's policy encumbrance exceptions in this testing context. The Pennsylvania title outline specifically lists Schedule A, Schedule B exceptions, exclusions, and title insurance policy structure.
NEW QUESTION # 40
A real estate interest that passes at death by operation of law to the surviving title holder is known as
Answer: A
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 # 41
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: A
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 # 42
A statement included on a title commitment such as "record warranty deed from the owner shown in Schedule A vesting title in the proposed insured" is an example of a
Answer: A
Explanation:
The quoted statement is a requirement because it describes something that must be done before the title insurer will issue the final policy. Recording a warranty deed from the vested owner into the proposed insured is a closing and recording requirement, not an exception. A standard exception limits or excludes coverage; it does not tell the parties what must be completed to create insurable title. A post-policy event occurs after policy issuance and is not what the commitment is addressing. The ALTA commitment structure treats Schedule B, Part I as "Requirements," and includes properly authorized, executed, delivered, and recorded conveyance or mortgage documents as requirements. This matches the Pennsylvania exam outline's focus on commitments and title policy structure.
NEW QUESTION # 43
When a mortgagee's title insurance policy is issued and no owner's policy will be issued, a written waiver must be signed by the:
Answer: D
Explanation:
The written waiver must be signed by the mortgagor, meaning the owner-borrower/purchaser who is waiving the right to purchase owner's title insurance. Pennsylvania regulation requires the title insurer or title agent, when issuing a mortgagee's title policy in a purchase-money transaction and no owner's policy has been ordered, to advise the mortgagor in writing that the lender's policy does not protect the owner. If the mortgagor elects not to purchase owner's coverage, the company must obtain the mortgagor's written statement acknowledging receipt of the notice and waiving the right to buy owner's title insurance. The mortgagee receives the loan policy; the waiver protects the owner-purchaser disclosure process.
NEW QUESTION # 44
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