Deck 5: Recordation Abstracts and Title Insurance

Question 1

Documents are recorded by

A) placing the original document on file in the recorder's office.
B) submitting the original document which is photocopied and placed on file.
C) copying the original document and returning it and the copy to the grantor.
D) filing the name and address of the property owner.

Answer 1

B
Documents are recorded by submitting the original document, which is photocopied and placed on file.

Question 2

An instrument effecting the title to a parcel of real estate gives constructive notice to the world when it is recorded with the

A) county recorder.
B) city clerk.
C) real estate commissioner.
D) title insurance company.

Answer 2

A
Real property records are recorded with the county recorder's office.

Question 3

Which statement is true of title insurance?

A) It is required by law
B) It insures the owner against defects in title
C) It reveals all defects in the chain of title
D) It is only required for commercial property

Answer 3

B
Title insurance insures the owner against defects in title.

Question 4

A notary public's commission expires on January 1, 2010. He may take a valid acknowledgement

A) if he applied for renewal before that date.
B) within 30 days after that date.
C) through January 1, 2010.
D) any time, because notaries are commissioned for life.

Question 5

An acknowledgement can be witnessed by a notary public

A) in person.
B) by mail.
C) by fax.
D) by proxy.

Question 6

Albert owns a certain parcel of land. You cold most easily find Albert's name and this parcel listed in the

A) grantee index.
B) grantor index.
C) trustor index.
D) lis pendens index.

Question 7

What is an abstract of title?

A) Title insurance
B) A history of all recorded activity affecting a parcel of real estate
C) A judgement on real property
D) A patent

Question 8

Deeds are recorded

A) to provide constructive notice of their existence.
B) because the law requires it.
C) to satisfy a lender.
D) to give actual notice.

Question 9

Most title insurance does not insure against

A) public records.
B) unrecorded liens.
C) easements of record.
D) encumbrances of record.

Question 10

Information regarding pending law suits would be found in the

A) lis pendens index.
B) judgement roles.
C) mortgagee index.
D) grantor index.

Question 11

The recording of an instrument in the proper county provides the public with

A) constructive notice.
B) final notice.
C) bona fide notice.
D) after-acquired notice.

Question 12

All of the following real estate documents are usually recorded EXCEPT

A) a mortgage.
B) an easement.
C) a 99-year lease.
D) a promissory note.

Question 13

A report on the claims to title is prepared. It contains a listing of the full chain of title for 80 years. It concludes with a statement of an attorney stating the current condition of the title and who presently has claim to it. In most states this document would be known as a

A) title report.
B) certificate of title.
C) jurat.
D) abstract of title.

Question 14

Notice of ownership given by one's presence on his land is called

A) constructive notice.
B) public notice.
C) inquiry notice.
D) attendant notice.

Question 15

A title report usually includes all of the following EXCEPT

A) the property description.
B) the conditions of the purchase agreement for this sale.
C) a list of recorded objections for claims to title.
D) a statement that there could be unrecorded matters that encumber title.

Question 16

Which of the following most correctly describes "chain of title"?

A) Boundary descriptions of the property
B) Encumbrances which prevent use of the land
C) Succession of property owners
D) Recording laws

Question 17

Which of the following is true of an acknowledgement?

A) It may be witnessed by a notary public.
B) Many states require that deeds be acknowledged before title passes.
C) The notary must attest that the deed is valid.
D) It is required by the Statute of Frauds.

Question 18

To be certain that the seller is actually the owner of the property, the buyer should order

A) an estoppel certificate.
B) a general warranty deed.
C) a survey.
D) a title search.

Question 19

A public records office will record which of the following documents affecting land?

A) Deed
B) Eviction notice
C) Six month lease
D) Bill of sale

Question 20

A deed, which is not recorded, is

A) void.
B) voidable.
C) unenforceable.
D) valid.

Question 21

A request for a court-appointed hearing to determine the lawful ownership of a parcel of land is called a

A) cloudy title suit.
B) quiet title suit.
C) partition suit.
D) eminent domain suit.

Question 22

Any subsequent purchasers of a property must obtain a new policy if they desire title insurance.

Question 23

A man bought a home two years ago and sold it a year later. You would expect to find his name and a reference to the home in the mortgagee index.

Question 24

Standard owner's title insurance coverage insures against all of the following EXCEPT

A) unrecorded encroachments.
B) recorded easements.
C) recorded liens.
D) forgery of documents.

Question 25

A preliminary title insurance report will show all of the following EXCEPT

A) unrecorded easements.
B) mortgages of record.
C) property taxes and assessments.
D) judgements against the seller.

Question 26

Mortgages, judgments and trust deeds are usually recorded however, 6-month leases are not.

Question 27

A lender wanting title insurance coverage on a property it is taking as collateral would ask for

A) an owner's title policy.
B) a mortgagee's title policy.
C) a mortgagor's title policy.
D) a buyer's policy.

Question 28

Prior to enactment of the Statute of Frauds in 1677 a landowner gave notice to the world of his claim to ownership by visibly occupying the land.

Question 29

Owner's title insurance covers the mortgagee.

Question 30

When an attorney issues a certificate of title, he has based his opinion on an abstract of title.

Question 31

A formal declaration by a person signing that he or she did, in fact, sign the document is called a jurat.

Question 32

Title that is free from reasonable doubt as to who is the owner and his ability to convey the property, is called

A) marketable title.
B) cloudy title.
C) naked title.
D) colorful title.

Question 33

The Marketable Title Act, as presently used in the United States

A) cuts off inactive claims to rights or interests.
B) offers state-sponsored title insurance.
C) guarantees title insurance.
D) automatically renews title insurance.

Question 34

A standard owner's title insurance policy covers

A) forgery and impersonation.
B) matters a prudent buyer could discover on their own.
C) water rights.
D) government restrictions.

Question 35

People record deeds to provide constructive notice to the world.

Question 36

Title insurance premiums are paid

A) annually.
B) semi-annually.
C) upon assumption of the loan.
D) at the inception of the policy.

Question 37

A Torrens certificate of title does which of the following?

A) Grants title
B) Alienates title
C) Eliminates the need to search back further in time than the most recent quiet title action
D) Guarantees against encroachments

Question 38

A person interested in a property is held by law to be responsible for making further inquiry of anyone giving visible or recorded notice. This is called "inquiry notice."

Question 39

A title insurance policy in favor of the mortgagee will insure the

A) owner.
B) buyer.
C) buyer and seller.
D) lender.

Question 40

Standard owner's title insurance premiums are paid only once, when the policy is issued.

Question 41

When a title defect must be removed, a quiet title suit may be the best solution.

Question 42

Title insurance is typically purchased after a property is purchased.

Question 43

A(n)____________________ of ____________________ is a complete historical summary of all recorded documents affecting the title of a property.

Question 44

A(n)____________________ of ____________________ is the linkage of property ownership that connects the present owner to the original source of title.

Question 45

Under the Torrens system, once a title is registered , any subsequent liens or encumbrances against it must be entered on the registrar's copy in order to give constructive notice.

Question 46

Of the two indexing systems, the ____________________ index is the simplest to use.

Question 47

An abstract of title is a summary of all deeds or other documents dealing with the transfer of ownership.

Question 48

A title defect is also known as a title ____________________.

Question 49

A lender's title insurance policy is also known as a ____________________ policy.

Question 50

Documents to be recorded are photocopied and then placed in alphabetic order.

Question 51

Almost all states use the tract indexing system.

Question 52

Notice given by the public records and by visible possession, coupled with the legal presumption that all persons are thereby notified is called ____________________ notice.

Question 53

Most states do not require that documents be acknowledged before being eligible for recording.

Question 54

If a chain of title is broken, one must search outside the recorder's office by searching probate court records and civil court actions to regain the title sequence.

Question 55

____________________ notice is knowledge that one has actually gained based on what one has seen, heard, read, or observed.

Question 56

When title is clouded by judgments against recent owners or pending lawsuits that might later affect title, information may be found in the judgment rolls or the lis pendens index.

Question 57

Title insurance has made titles to land much more ____________________.

Question 58

The amount of coverage provided by a lender's title policy stays constant over the life of the policy.

Question 59

A report made by a title insurance company showing current title condition is called a _________________________.

Question 60

A formal declaration by a person signing a document that he or she, in fact, did sign the document is called a(n)____________________.

Question 61

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
a statement as to the ownership of a property that is made by an attorney after reading the abstract

Question 62

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
insurance to protect a property owner against monetary loss if his title is found to be imperfect

Question 63

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
reduced rates offered by some title companies if previous owner's policy is available

Question 64

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
possessed by;owned by

Question 65

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
a duplicate set of public records maintained by a title company

Question 66

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
a person authorized to take acknowledgements

Question 67

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
claims to property rights the law presumes a reasonably diligent person would find through further investigation

Question 68

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
one who signs a document stating that they have witnessed a parties signature

Question 69

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
a publicly available index whereby a person can learn of any pending lawsuits that may affect title

Question 70

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
notice given by public records or by visible possession coupled with the legal presumption that all persons are thereby notified

Question 71

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
expert in the field of title search

Question 72

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
a system for listing recorded documents affecting a particular tract of land

Question 73

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
court-ordered hearings held to determine land ownership

Question 74

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
a summary of all recorded documents affecting title to a given parcel of land

Question 75

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
a title defect

Question 76

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
where information on judgments against recent owners may be found

Question 77

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
an opinion by an attorney as to who owns a parcel of land

Question 78

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
knowledge gained from what one has seen, heard, read, or observed

Question 79

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
a report made by a title insurance company showing current title condition

Question 80

Choose the one most appropriate answer for each.
a.abstract of title
k.opinion of title
b.abstracter
l.owner's policy
c.actual notice
m.quiet title suit
d.certificates of title
n.reissue rates
e.constructive notice
o.title cloud
f.inquiry notice
p.title plant
g.judgment rolls
q.title report
h.lender's policy
r.tract index
i.lis pendens index
s.vested
j.notary public
t.witness
a title policy written to protect a real estate lender