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| Section | Weight | Objectives |
|---|
| Title Exceptions and Procedures for Clearing Title | 21% | - General exceptions - Property-related issues
- 1. Mineral rights
- 2. Condominiums
- 3. Water rights
- 4. Attachments
- 5. Surveys
- 6. Equitable interests
- Liens and encumbrances
- 1. Taxes and assessments
- 2. Federal liens
- 3. Voluntary liens
- 4. Judgments
- 5. Involuntary liens
|
| Title Insurance Principles | | - Insurable interests
- 1. Fee simple estate
- 2. Life estate
- 3. Easements
- 4. Leasehold estate
- Policy structure
- 1. Insuring provisions
- 2. Schedule B exceptions
- 3. Endorsements
- 4. Exclusions
- 5. Schedule A
- 6. Conditions and stipulations
- Title search techniques
- 1. Chain sheet
- 2. Hard copy index
- 3. Computer index
- Risks covered by title insurance
- 1. Errors in public records
- 2. Errors by producer
- 3. Hidden off-record risks
- Title insurance policies
- 1. Commitments
- 2. Leasehold policy
- 3. Loan policy
- 4. Owner's policy
- 5. Enhanced policies
|
| General Insurance Concepts | 3% | |
| Insurance Regulation | 12% | - Title insurance law requirements
- 1. Examination of title required
- Company regulation
- 1. Solvency requirements
- 2. Rates regulation
- 3. Unfair claims settlement practices
- State regulation
- 1. Commissioner's general duties and powers
- Unfair trade practices
- 1. Defamation
- 2. Unfair discrimination
- 3. Misrepresentation
- 4. False advertising
- 5. Twisting
- 6. Boycott, coercion or intimidation
- 7. Rebates and inducements
- Producer regulation
- 1. Unfair inducements and marketing practices
- 2. Charges for extra services
- 3. Prohibited acts
- 4. Record keeping
- Licensing
- 1. Revocation, suspension, nonrenewal or denial of license
- 2. Renewal
- 3. Cease and desist orders
- 4. Address change
- 5. General requirements
- 6. Title producer additional requirements
- 7. Persons to be licensed
- 8. Licensing process
- 9. Reporting of actions
- 10. Continuing education
- 11. Appointment procedures
- 12. Expiration
- 13. Maintenance and duration
- 14. Assumed names
- 15. Disciplinary actions
- Federal regulation
- 1. Fraud and false statements (18 USC 1033/1034)
- 2. Fair Credit Reporting Act
|
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Insurance Licensing Pennsylvania Producers Examination for Title Insurance Series 16-10 Sample Questions (Q17-Q22):
NEW QUESTION # 17
Which of the following can be licensed as a title insurance agent?
- A. a legal entity
- B. an approved attorney
- C. an employee of a title company
- D. an officer of a title company
Answer: A
Explanation:
A legal entity can be licensed or certified as a title insurance agent or agency. Pennsylvania title insurance law recognizes agencies that conduct title insurance business on behalf of a title insurer, and the statute defines an agency as an individual person, partnership, corporation, or other legal entity. An approved attorney, officer, or employee may perform certain functions depending on authority and licensing status, but those labels alone do not answer the licensing classification question as cleanly as "legal entity." This question is from Insurance Regulation because it tests persons or entities to be licensed, title producer requirements, agency obligations, and licensing structure. Pennsylvania law also ties title agency licensing to bond, fiduciary, account, recordkeeping, and insurer-contract duties.
NEW QUESTION # 18
What is the purpose of probate of an estate?
- A. to foreclose a lien
- B. to avoid inheritance tax
- C. to transfer a deceased's debts
- D. to establish heirs
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 # 19
A waiver is defined as the
- A. misrepresentation of a known right.
- B. modification of a known right.
- C. acceptance of terms of the policy.
- D. intentional and voluntary giving up of a known right.
Answer: D
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 # 20
The MAIN purpose of insurance is to
- A. reduce risk.
- B. alter risk.
- C. retain risk.
- D. transfer risk.
Answer: D
Explanation:
The main purpose of insurance is to transfer risk. The insured transfers the financial consequences of a covered loss to the insurer in exchange for premium. Insurance does not eliminate the underlying risk or guarantee that a title defect, lien, or loss will never occur. It also does not primarily "alter" risk. Risk reduction may occur through underwriting, searches, surveys, and loss-prevention procedures, but that is not the central contractual purpose of insurance. Retention is the opposite concept: the person keeps the risk instead of transferring it. In title insurance, the buyer or lender transfers covered title-loss risk to the title insurer. The Pennsylvania title outline includes risk, loss, exposure, and methods of handling risk, including transfer and retention.
NEW QUESTION # 21
Which of the following is considered a voluntary lien?
- A. Construction lien.
- B. State tax lien.
- C. Mortgage lien.
- D. Real estate tax lien.
Answer: C
Explanation:
A mortgage lien is voluntary because the property owner intentionally grants the mortgage as security for a debt. Real estate tax liens, state tax liens, and construction or mechanic's liens arise by operation of law when taxes, assessments, labor, or materials remain unpaid. Those are involuntary liens because they do not depend on the owner voluntarily pledging the property as collateral. This difference is critical in title work because voluntary liens are usually created by recorded security instruments, while involuntary liens may arise from statutes, judgments, taxes, or construction claims. The Pennsylvania title outline expressly tests voluntary and involuntary liens, mechanic's liens, taxes and assessments, federal liens, judgments, releases, subordinations, and procedures for clearing title.
NEW QUESTION # 22
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