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| Section | Objectives |
|---|---|
| Real Estate and Settlement Procedures | - Legal Concepts
|
| Ethics and Professional Conduct | - Fiduciary Responsibilities
|
| Insurance Industry Overview | - Regulatory Framework
|
| Title Insurance Principles | - Title Insurance Policies
|
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NEW QUESTION # 49
When insuring a mortgage where there are intervening liens that prevent the lender from holding first lien priority, such other liens may be
Answer: C
Explanation:
Intervening liens that would prevent the lender from having first lien priority can be addressed by subordination. A subordination agreement makes an otherwise prior or intervening lienholder agree that its lien will rank behind the insured mortgage. That clears the priority problem for loan-policy underwriting.
"Waived to the lien" and "restricted to the lien" are not the correct title-clearing terms. Subrogation is different: it allows one party to step into another party's priority position after paying a debt or claim; it is not the normal document used when an existing lienholder agrees to become junior. The Pennsylvania title outline expressly includes voluntary and involuntary liens, releases, assignments, subordinations, and title-clearing procedures.
NEW QUESTION # 50
Coverage under a loan policy remains effective
Answer: B
Explanation:
A loan policy protects the lender's security interest in the insured mortgage. Its practical duration is tied to the secured debt: when the debt is paid and the mortgage is satisfied, the lender no longer has the insured mortgage interest that the loan policy was issued to protect. The policy is not controlled by the life of the owner, because the insured under a loan policy is the lender, not the borrower-owner. A sale of the property does not automatically end the lender's coverage if the insured mortgage remains outstanding. Assignment of the mortgage also does not necessarily terminate protection because lender policies commonly protect successors or assignees of the insured mortgage. The Pennsylvania outline specifically tests loan policies and title insurance policy structure.
NEW QUESTION # 51
Which of the following is considered an involuntary lien?
Answer: A
Explanation:
A federal tax lien is an involuntary lien because it arises by operation of law when federal tax obligations are unpaid; it is not created voluntarily by the property owner as loan collateral. A HELOC loan is voluntary because the borrower intentionally grants a mortgage or security interest to secure the credit line. A deed restriction is a covenant or limitation affecting use of the property, not a lien for payment. A life estate reservation creates or reserves an estate in land, not a creditor's lien. The Pennsylvania Title Insurance exam outline expressly includes voluntary and involuntary liens, federal liens, judgments, taxes, and assessments under Title Exceptions and Procedures for Clearing Title.
NEW QUESTION # 52
A local bank holds a mortgage on a certain property. A national bank has purchased the loan from the local bank. The proper document to be recorded in the recorder's office to evidence the ownership of the mortgage by the national bank is referred to as
Answer: A
Explanation:
An assignment is the correct recorded instrument when the ownership of a mortgage loan is transferred from one lender to another. The local bank is not releasing the mortgage, so "satisfaction" is wrong. It is also not changing lien priority, so "subordination" is wrong. A reconveyance is commonly associated with deed-of- trust jurisdictions, not the ordinary Pennsylvania mortgage-transfer concept tested here. For title purposes, the recorded assignment gives record notice that the national bank is now the mortgage holder or assignee. This falls directly under the Pennsylvania Title Insurance outline's clearing-title principles, which specifically include releases, assignments, subordinations, and affidavits as tools used to resolve title matters.
NEW QUESTION # 53
What is the purpose of probate of an estate?
Answer: C
Explanation:
Probate is used to administer a decedent's estate and determine who has legal authority or entitlement to receive the decedent's property. In title work, probate matters are important because title may pass through a will, intestacy, executor, administrator, heirs, or devisees. The best answer is therefore "to establish heirs." Probate does not exist to avoid inheritance tax; tax issues may arise during administration, but avoidance is not its purpose. It also does not transfer a deceased person's debts or foreclose liens. The Pennsylvania Title Insurance examination outline places decedents' estates, intestate succession, testate succession, and trusts under Real Property, which is exactly the subject tested by this question.
NEW QUESTION # 54
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