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| Section | Objectives |
|---|---|
| Topic 1: Insurance Industry Overview | - Fundamentals of Insurance Principles
|
| Topic 2: Ethics and Professional Conduct | - Fiduciary Responsibilities
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| Topic 3: Real Estate and Settlement Procedures | - Legal Concepts
|
| Topic 4: Title Insurance Principles | - Title Search and Examination
|
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NEW QUESTION # 59
Which section of a title insurance policy lists the rights of the insurer?
Answer: A
Explanation:
The insurer's rights are found in the Conditions section of the title insurance policy. The Conditions section explains claim handling, notice requirements, proof of loss, defense, settlement, payment of claims, subrogation, limitation of liability, and other rights and obligations between the insured and the title insurer.
Exclusions from coverage identify matters outside the policy's protection. The insuring agreement states the basic promise of coverage. "Declarations" is not the standard title-policy section used for the insurer's claim rights. The Pennsylvania Title Insurance outline specifically lists policy structure and provisions, including insuring provisions, Schedule A, Schedule B exceptions, exclusions, and conditions and stipulations.
NEW QUESTION # 60
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: B
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 # 61
What is the purpose of probate of an estate?
Answer: D
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 # 62
Which of the following statements is true concerning an unrecorded deed?
Answer: A
Explanation:
An unrecorded deed may be valid between the grantor and grantee if properly executed, delivered, and accepted, but it does not give constructive notice to third parties through the land records. Constructive notice arises from proper recording, allowing later purchasers, lenders, judgment creditors, and title examiners to discover the ownership claim. A deed must still name the parties and contain an adequate legal description to identify the property. The false assumption is that recording is required for validity between the original parties; recording is mainly about public notice and priority protection. Pennsylvania recording law protects later bona fide purchasers, mortgagees, and judgment holders against unrecorded instruments lacking actual or constructive notice.
NEW QUESTION # 63
A real estate interest that passes at death by operation of law to the surviving title holder is known as
Answer: D
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 # 64
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