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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Real Estate Transactions & Settlement | 10% | - Policy issuance and delivery - Escrow and closing procedures - Disbursement and record-keeping |
| Topic 2: General Insurance Concepts | 15% | - Basic insurance principles - Contract law fundamentals - Risk and indemnity |
| Topic 3: Insurance Regulation | 25% | - Unfair trade practices and ethics - Licensing requirements and procedures - Pennsylvania insurance statutes and regulations |
| Topic 4: Title Insurance Principles | 25% | - Title search and examination procedures - Exceptions and risk elimination - Title commitments and policy forms - Purpose and function of title insurance |
| Topic 5: Real Property Law | 25% | - Property rights and interests - Liens, encumbrances, and easements - Conveyance and recording statutes |
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NEW QUESTION # 59
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 # 60
When a land owner uses his land as security for a loan, the encumbrance created is called
Answer: A
Explanation:
When an owner uses land as security for a loan, the encumbrance created against the real property is a mortgage. The promissory note is the borrower's promise to repay the debt, but the mortgage is the instrument that creates the lien or security interest in the land. It is not an involuntary lien because the owner voluntarily pledges the property as collateral. "Special security" is not the proper title-insurance or real-property term for this encumbrance. This distinction is important in title examination because recorded mortgages must be identified, excepted, paid, released, subordinated, or otherwise addressed before insurable title can be issued.
The Pennsylvania outline covers encumbrances, mortgages, notes, releases, and loan closings.
NEW QUESTION # 61
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: A
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 # 62
What is the purpose of probate of an estate?
Answer: A
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 # 63
A waiver is defined as the
Answer: C
Explanation:
A waiver is the intentional and voluntary relinquishment of a known right. In insurance, waiver can occur when a party with the right to enforce a condition or requirement knowingly gives up that right through words, conduct, or inaction. It is not merely acceptance of policy terms, because acceptance relates to contract formation. It is not misrepresentation, which involves false or misleading statements. It is also not simply modification of a right, because waiver means giving the right up, not changing it. This is a core insurance- contract doctrine and appears in the Pennsylvania Title Insurance exam outline under General Insurance Concepts, specifically legal interpretations affecting contracts, waiver, and estoppel.
NEW QUESTION # 64
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