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| Section | Weight | Objectives |
|---|---|---|
| General Insurance Concepts | 3% | |
| Title Exceptions and Procedures for Clearing Title | 21% | - Liens and encumbrances
|
| Title Insurance Principles | - Risks covered by title insurance
| |
| Insurance Regulation | 12% | - Producer regulation
|
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NEW QUESTION # 51
Title insurance NOT covering the insured for unpaid property taxes, which are NOT known at the time of closing, would be considered a
Answer: C
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 # 52
An insurer fails to promptly provide a reasonable explanation for the denial of a claim as a general business practice. This is considered to be
Answer: C
Explanation:
Failing to promptly provide a reasonable explanation for the denial of a claim, when done with enough frequency to indicate a business practice, is an unfair claim settlement practice and therefore an unfair insurance practice. It is not merely contractual liability, because the question describes a regulatory claims- handling violation. It is unrelated to a grace period, which concerns time to pay premiums. It is also not necessarily a fraudulent insurance act because fraud requires deception or false representation. Pennsylvania's Unfair Insurance Practices Act specifically identifies as an unfair claim settlement practice the failure to promptly provide a reasonable explanation of the policy basis, facts, or law for denying a claim or offering a compromise settlement.
NEW QUESTION # 53
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: B
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 # 54
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: D
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 # 55
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: B
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 # 56
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