Multiple Choice Identify the choice that best completes the
statement or answers the question.
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1.
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When land is to be condemned or taken under the power of eminent domain, which
of the following must apply?
a. | The taking must be for a public purpose. | c. | Adverse possession claim must be
taken. | b. | Statutory dedication must be executed. | d. | Constructive notice must be
given. |
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2.
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What do the police powers of governmental authority include?
a. | Foreclosure | c. | Building codes and zoning regulations | b. | Defeasance | d. | Alienation |
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3.
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The Real Estate Settlement Procedures Act requires
a. | that closing of a real estate transaction is to be held within 90 days of the
execution of the purchase agreement. | c. | the seller's approval of the buyer's
statement. | b. | that disclosure is to be made of all closing costs prior to the
closing. | d. | a qualified
buyer. |
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4.
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Henry sold a parcel of real estate to Marlin and gave Marlin a Quit Claim Deed.
On receipt of the deed, Marlin may be certain that
a. | Henry owned the property. | c. | Marlin now owns the property
subject to certain claims of Henry. | b. | there are no encumbrances against the
property. | d. | all of
Henry's interests in the property as of the date of the deed belong to
Marlin. |
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5.
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Current tax laws do NOT allow which of the following as tax deductions?
a. | Interest paid on the mortgage for residential income property | c. | Property taxes on
residential or income property | b. | Special assessments on residential
property | d. | Repairs made to a
rental property |
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6.
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Which of the following is TRUE regarding a deed and title?
a. | A deed can be prepared only by an attorney, while a title can be prepared by an
attorney or an owner. | c. | The purpose of a deed is to transfer title from the grantee to the
grantor. | b. | A deed is valid only if it is recorded, and a title does not have to be recorded to
show ownership. | d. | The purpose
of a deed is to convey title from the grantor to the grantee. |
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7.
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Boris sells certain property to David and gives David a special warranty deed.
Which of the following is TRUE?
a. | Boris is making additional warranties beyond those given in a warranty
deed. | c. | Boris is warranting that no encumbrances have ever been placed against the property
that has not been satisfied or released. | b. | Boris's property is Torrens
property. | d. | Boris's
warranties are limited to the time he held the property. |
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8.
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The state, county, and/or municipal sales tax is many times used as general
revenue and is normally a debit to the seller on a HUD-1 statement. it is sometimes called a
documentary stamp tax and may also be called a(n)
a. | recording fee. | c. | transfer tax. | b. | environmental fee. | d. | real estate
tax.. |
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9.
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Samantha sold her house to Buddy. Buddy, however, did not record the deed. Under
these circumstances
a. | the transfer of property between Samantha and Buddy is ineffective. | c. | the deed is invalid
after 90 days. | b. | Buddy's interest is not fully protected against third
parties. | d. | the deed is
invalid after six months. |
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10.
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For a deed to be valid:
a. | the grantor must be legally competent. | c. | the documents must pass through the
hands of an escrow agent. | b. | the signature of the grantor must be
witnessed. | d. | the grantee must
sign the deed. |
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11.
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A quitclaim deed
a. | carries no covenant or warranty. | c. | carries full
warranty. | b. | may not transfer the seller's title. | d. | provides a limited
warranty. |
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12.
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An investment that will allow the taxpayer to reduce current tax liability by
offsetting income from one source with losses from another source is called a tax
a. | deduction. | c. | liability. | b. | rate. | d. | shelter. |
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13.
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Which of the following BEST describes a capital gain?
a. | The taxable profit that is realized from the sale of a capital asset. | c. | The taxable profit
that investors must pay when an asset is sold. | b. | A capital gain is the difference between the
sale price and the original investment. | d. | A capital gain is the difference between the sale price and the selling
expenses. |
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14.
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Roger is selling limited partnerships in a real estate venture. The offering is
being made within state lines and all purchasers are residents of the state. The offering is MOST
LIKELY regulated by
a. | the Securities and Exchange Commission. | c. | blue-sky laws. | b. | the real estate
commission. | d. | white-sky
laws. |
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15.
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A defect or cloud on the title to property may be cured by
a. | obtaining quitclaim deeds from all other interested parties. | c. | paying cash for the
property at the closing. | b. | bringing an action to register the
title. | d. | bringing an action
to repudiate the title. |
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16.
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Sally is in the process of purchasing Jack's house. To protect its
interest, her mortgagee decides to take out title insurance. The title insurance policy
a. | may act as the instrument of transfer. | c. | protects Sally from all defects in
the title. | b. | indemnifies the holder against some, but not all, of the possible defects in
title. | d. | protects Jack from a
lawsuit. |
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17.
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Under the condominium form of ownership, the interest of the owner in the unit
he or she possesses is normally a
a. | life estate. | c. | proprietary leasehold interest. | b. | fee simple
interest. | d. | reciprocal
proprietary easement interest. |
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18.
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Deed restrictions are a means whereby
a. | local zoning laws are enforced. | c. | villages and cities can control
construction details. | b. | the planning commission's work is made
effective. | d. | the seller can
limit or control the buyer's use. |
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19.
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Normally, a deed is considered valid even if
a. | signed by an authorized attorney-in-fact rather than the seller. | c. | the deed was signed
by a minor and not the guardian of the minor. | b. | the grantor was an illegal
alien. | d. | the grantor did not
deliver the deed. |
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20.
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George sold his house to Sylvia. In the deed used in the transaction, George
guaranteed that the property was not encumbered during the time he held title except as noted in the
deed. The type of deed George gave to Sylvia is a
a. | general warranty deed. | c. | special warranty deed. | b. | quitclaim
deed. | d. | limited quitclaim
deed. |
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21.
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Which of the following is NOT usually prorated between buyer and seller at the
closing?
a. | Recording Charges | c. | Rents | b. | Property taxes | d. | Utility bills |
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22.
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Tom has a claim affecting the title to Bill's property. Bill has no
mortgages against the property and has been trying to sell it. Tom is concerned about the possibility
of a bona fide purchaser buying it before he obtains a judgment. To protect himself during the course
of the court action, Tom should
a. | publish a notice in a newspaper. | c. | bring a quick summary
proceeding. | b. | seek an attachment. | d. | notify Bill that any attempt to sell the property will be considered
fraud. |
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23.
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Which of the following transfers is an involuntary alienation of
property?
a. | Quitclaim | c. | Eminent domain | b. | Inheritance | d. | Gift |
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24.
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All of the following are required by RESPA EXCEPT
a. | lenders must provide borrowers with a good-faith estimate of loan closing
costs. | c. | the borrower must be given five days to back out of the loan transaction after
receiving the required settlement information. | b. | a uniform settlement sheet must be used at
closings. | d. | no kickbacks may
be given to any party in connection with the loan transaction. |
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25.
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How may title to real estate be transferred?
a. | Descent and distribution | c. | Delivery of the
deed | b. | Involuntary alienation | d. | All of the above |
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26.
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All of the following are intended to convey legal title to real estate EXCEPT
a(n)
a. | warranty deed. | c. | trustee's deed. | b. | deed of
trust. | d. | equitable
title. |
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27.
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The words "to have and to hold" in a deed define the ownership that is
being transferred. This phrase is known as the
a. | granting clause. | c. | alienation clause. | b. | habendum clause. | d. | distributor
clause. |
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28.
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The deed MOST LIKELY to be used to correct errors in a deed is a
a. | quitclaim deed. | c. | bargain and sale deed. | b. | warranty
deed. | d. | grant
deed. |
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29.
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For a deed to be recorded, it must be acknowledged. The primary purpose of
acknowledgment is to
a. | convey title to the grantee. | c. | verify that the deed was signed
without duress. | b. | ensure the identity of the grantee. | d. | guarantee a marketable
title. |
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30.
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All of the following are true regarding RESPA EXCEPT that it
a. | requires the disclosure of all closing costs. | c. | sets the interest rate that the
lender can charge. | b. | covers one- to four-family
dwellings. | d. | regulates the
amount the lender can collect from the borrower to place in escrow. |
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31.
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Which of the following statements is TRUE regarding title insurance?
a. | Title insurance is paid monthly and is included in the mortgage
payment. | c. | There are two titles policies that may be purchased. The owner's policy covers
the owner, while the mortgagee's policy covers the lender. | b. | Title insurance
covers losses due to a defect in the title, but it does not pay for the cost of defending the
title. | d. | Title insurance
normally does not cover defects caused by forgery. |
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32.
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Which of the following is false regarding ad valorem taxes?
a. | Ad valorem is another term for property taxes. | c. | Ad valorem taxes are tax
deductible. | b. | Unpaid ad valorem taxes could create a general lien on the
property. | d. | Unpaid ad valorem
taxes could create a specific lien on the property. |
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33.
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What is the major difference between a general lien and a specific lien?
a. | A general lien may be filed only on personal property, while a specific lien is filed
on real estate. | c. | A general lien may be filed by an attorney, while a specific lien can be filed by
anyone. | b. | A general lien may be filed by a corporation, while a specific lien may be filed by a
specific individual. | d. | A
general lien may be filed against real and personal property, while a specific lien may be filed
against only a specific property. |
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34.
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In 1975 a person moved into an abandoned log cabin. Over the years he repaired
the property and paid the property taxes. In 2005 another man appears with a deed to the property.
Both claim to own the property. To settle this matter, there needs to be a
a. | suit to settle ownership interests. | c. | suit to quiet the
title. | b. | suit to settle the will. | d. | suit for adverse possession. |
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35.
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When a property is abandoned, it may revert to the county or state by the
process of
a. | escheat. | c. | testate. | b. | eminent domain. | d. | intestate. |
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36.
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Middleton decided he could make more money from his tree farm by dividing it
into small parcels and selling them. Subsequently, Middleton entered into a series of purchase
agreements, in connection with which he agreed to continue to operate the property and distribute
proceeds from its income to the buyers. Under the circumstances, Middleton has sold
a. | real estate, because the object of the sale was land | c. | real estate, because the property
was subdivided before the sales took place. | b. | securities, because the buyers were investors
relying on Middleton's activities to generate a profit from the premises. | d. | securities, because the object of the purchase
was trees; the underlying land was merely incidental to the sale. |
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37.
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Steward entered into an agreement to sell his house to the Manders. The closing
is scheduled to take place on April 15. In January, Steward paid the taxes for the entire year,
although the Manders are assuming responsibility for taxes attributable to the period following the
closing. At the closing, on the settlement statement, the adjustment made for property taxes appears
as a
a. | debit to the buyer and a credit to the seller. | c. | credit to the
buyer. | b. | credit to the buyer and a debit to the seller. | d. | debit to the
seller. |
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38.
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Harry and Edith entered into an agreement to sell their house. Some time ago, a
special assessment was levied against their property for sidewalk and street improvements in front of
their house. Under the agreement with the purchaser, the buyers will not assume the special
assessment. If the assessment has not been paid off prior to the closing, the amount remaining due
will appear as a
a. | credit to the buyer. | c. | credit to the seller and a debit to the buyer. | b. | debit to the
seller. | d. | debit to the seller
and a credit to the buyer. |
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39.
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Expenses involved in the closing of a real estate transaction are shown on the
settlement as a
a. | debit to either the buyer or the seller. | c. | debit to both the buyer and the
seller. | b. | credit to either the buyer or the seller. | d. | credit to both the buyer and the
seller. |
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40.
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RESPA requirements apply to any residential real estate transaction
a. | in a state that has adopted RESPA. | c. | involving any mortgage financing
less than $100,000. | b. | involving a federally related mortgage
loan. | d. | involving any sale
price less than $100,000. |
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41.
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A purchaser of property can be guaranteed of receiving good title to the
property if at the closing she or he receives
a. | a general warranty deed. | c. | a contract for
deed. | b. | a quitclaim deed. | d. | none of the above. |
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42.
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Broker Bonnie represented the seller in a transaction. Her client informed her
that he did not want the deed to recite the actual consideration paid for the house. After seeking
legal advice, Bonnie
a. | must inform her client that only the actual price of the real estate may appear on
the deed. | c. | may advise her client that he may show consideration of $10 on the deed if permitted
by state law and advise him to seek legal counsel to answer any other questions. | b. | may show a price on
the deed other than the actual price, provided it does not vary by more than 10 percent of the
purchase price. | d. | should
inform the seller that either the full price should be stated or all references to consideration
should be removed from the deed. |
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43.
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Any improvement that is made to extend the useful life of a property or add to
its value is called a capital
a. | improvement. | c. | gain. | b. | asset. | d. | enhancement. |
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44.
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Which of the following is NOT an example of constructive notice?
a. | Recording a deed at the courthouse | c. | An unrecorded
lien | b. | A legal notice in the newspaper | d. | Possession of the
property |
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45.
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An agent just deposited a commission check into her bank account. Under IRS
guidelines, this would be classified as
a. | active income. | c. | portfolio income. | b. | passive income. | d. | gift income. |
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46.
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Which of the following is TRUE regarding an abstract of a title?
a. | It can be developed only by an attorney. | c. | It contains information taken from
public records. | b. | It contains the names of missing heirs. | d. | It is necessary before a property can be
listed. |
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47.
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Jayne decided to buy investment property. She negotiated a first and second
mortgage on a property at the same time. What is the major difference between these loans?
a. | The second mortgage would have a higher rate of interest than the first
mortgage. | c. | The second mortgage would be for a shorter term than the first
mortgage. | b. | The second mortgage would have a lower rate of interest than the first
mortgage. | d. | The second
mortgage would be in a junior lien position, while the first mortgage would be in a senior lien
position. |
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48.
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An owner's title insurance policy normally covers all of the following
EXCEPT
a. | missing heirs. | c. | zoning restrictions. | b. | incorrect marital status. | d. | forgery. |
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49.
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RESPA regulates all of the following transactions EXCEPT:
a. | a FHA-insured mortgage. | c. | a VA-guaranteed
mortgage. | b. | a contract for deed. | d. | a conventional mortgage sold to Fannie Mae. |
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50.
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The process an airport would use to take property for public use while paying
the owner just compensation is
a. | eminent domain. | c. | adverse possession. | b. | escheat. | d. | condemnation. |
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51.
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At a closing, Howard received a deed in which the grantor implied possession and
ownership of the property. Howard MOST LIKELY received a
a. | general warranty deed. | c. | special warranty deed. | b. | bargain and sale
deed. | d. | grantee's
deed. |
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52.
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Lis pendens is BEST described by which of the following?
a. | A notice filed when the property is foreclosed | c. | Actual notice that a judgment has
been secured against a property owner | b. | Constructive notice that a property owner is in
litigation that could result in a future lien on the property | d. | A notice that allows the court to maintain
custody of a property until it is sold in bankruptcy |
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53.
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Lucas wishes to take title to a property with a deed that BEST protects his
interest. Lucas wishes a(n)
a. | fee simple interest conveyed by a quitclaim deed. | c. | fee simple interest conveyed by a
warranty deed. | b. | estate for years interest conveyed by a bargain and sale deed. | d. | periodic estate interest conveyed by a grant
deed. |
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54.
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Sandy signs a deed conveying her property to her friend Steve. She tells no one
and places the deed in her safe-deposit box. Several months later she dies intestate and the deed is
found. Who receives the property?
a. | Steve, because the deed has been signed by Sandy | c. | Another friend Sandy told could
have the property three days before her death | b. | Sandy's heirs, as determined by the laws
of descent and distribution | d. | The state, because she died intestate |
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55.
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All of the following documents would MOST LIKELY be recorded EXCEPT
a. | general warranty deed. | c. | mortgage release. | b. | mortgage. | d. | sales contract. |
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56.
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Joe just purchased his first investment property. His accountant has advised him
that all of the following would be a tax deduction EXCEPT
a. | mortgage interest paid on the loan. | c. | property taxes. | b. | principal paid on
the loan. | d. | discount points
paid on the loan. |
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57.
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Which of the following would NOT be associated with testate?
a. | Will | c. | Probate | b. | Devisee | d. | Descent |
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58.
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Sterling wants to exchange her 20-unit apartment for another investment
property. Internal Revenue Code section 1031 gives her how many days after the closing to identify
another property to exchange?
a. | 30 days | c. | 90 days | b. | 45 days | d. | 180 days |
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59.
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Gary, Tom, and Angie have decided to pool their resources for investment
purposes. This process is
a. | called syndication. | c. | a limited partnership. | b. | suit for
performance. | d. | illegal in
most states. |
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60.
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Which of the following would not be associated with an adverse possession
claim?
a. | Title by prescription | c. | Squatter's rights | b. | Suit to quiet the
title | d. | A
license |
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61.
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For 15 years Roger and Caroline have owned a single-family home that is used for
investment purposes. The house is located off an expressway ramp, and a hotel chain just made an
offer on their property. If they sell the property, can they negotiate a 1031 exchange and exclude
the payment of capital gains tax?
a. | Yes, if they follow the rules of a 1031 exchange, they can exclude the payment of
capital gains. | c. | No, because the property they wish to exchange was not identified in the
offer. | b. | Yes, they can do a 1031 exchange because they have owned it for more than 12
months. | d. | No, because a 1031
exchange does not allow the exclusion of the payment of capital gains tax, only the deferment of
capital gains tax. |
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62.
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Which of the following statements is false regarding depreciation?
a. | To investors, depreciation is also known as cost recovery. | c. | Depreciation on a
primary residence can only be calculated using the straight-line method. | b. | Land cannot be
depreciated, only improvements can be depreciated. | d. | When the property is sold, depreciation must be
recaptured. |
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63.
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Mr. and Mrs. Buyer declined to purchase an owner’s title policy, but the
lender required them to purchase a lenders’ title policy. Six months after the closing a man
knocked on their door. He explained that he had an ownership interest in the property because his
wife sold the property while he was in another country. The man at the closing table, who said he was
the husband was not. If the man’s claim is true, are the buyers covered under the
lenders’s policy?
a. | Yes, because the closing took place only six months ago, they would be
covered. | c. | No, the buyer declined to purchase an owner’s policy and they are not covered
by the lender’s policy. | b. | Yes, the lender’s policy would protect
the buyer. | d. | No, because the
buyers are a married couple they are not covered. |
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64.
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All of the following actions would create a cloud on the title EXCEPT
a. | undisclosed dower rights. | c. | writ of
execution. | b. | lis pendens notice. | d. | mortgage release. |
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65.
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Which of the following covenants would NOT be found in a general warranty
deed?
a. | Covenant of seisin. | c. | Covenant of warranty forever | b. | Covenant of
renew. | d. | Covenant of quiet
enjoyment |
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66.
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At the closing table, the grantor executed a notarized deed. The grantee
accepted the deed and possession was taken by the buyer after the closing. Six months later, the
grantor did a title check and noticed that the grantee had not recorded the deed. Is there a valid
transference between the parties?
a. | Yes, the grantor signed and the buyer accepted a notarized deed, so the transference
is valid between the parties. | c. | No, because the grantee did not record the deed, there is not a
valid transference between parties. | b. | Yes, because the grantee took possession of the
property the day of closing, there is a valid transference between the parties. | d. | No, because the grantee did not record the deed
within three days of closing, there is not a valid transference between
parties. |
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67.
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Which law requires that the booklet Settlement Costs and You be given to
a prospective borrower within three business days of loan application?
a. | Truth-in-Lending | c. | Regulation B | b. | Regulation Z | d. | RESPA |
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68.
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Caryl lives in Chicago and he purchased a 200-acre farm in Kentucky. The title
search showed that the farm was located in Boone County, Kentucky, and Kenton County, Kentucky the
deed should be recorded in
a. | Chicago, Illinois, Where he lives. | c. | Kenton County,
Kentucky. | b. | Boone County, Kentucky. | d. | Boone and Kenton counties in Kentucky. |
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69.
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While searching the Internet. Vicky found a piece of property she was interested
in buying. State laws require the seller to disclose in the deed the actual selling price of the
property. Can Vicky go to the courthouse, conduct her own title search on the property, and determine
what the seller paid for it?
a. | Yes, if her attorney goes with her. | c. | No, because she has not made an
offer on the property. | b. | Yes, because recorded records are public
documents. | d. | No, because only
attorneys and abstractors can search public documents. |
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70.
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Mr. and Mrs. Schneider are a retired couple. They contracted with a builder to
construct their retirement home and paid cash for the property. At closing they had their attorney
represent them and they purchased an owner’s title policy. Three months later, it was
determined that the builder had not paid the subcontractors. before the title company will make a
payment to settle the claim, Mr. and Mrs. Schneider will need to
a. | pay an additional title insurance premium. | c. | have their attorney negotiate with
the subcontractors. | b. | subordinate their rights to their
attorney. | d. | subrogate their
rights to the title company. |
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