Law & Practice Flashcards

(38 cards)

1
Q

What is a reconveyance deed used for?

A

To transfer title from a trustee back to a trustor once a debt has been fully repaid.

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2
Q

What is the Covenant of Seisin

A

Ensures that the grantor has the right to transfer ownership of the property.

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3
Q

What is the main difference between a limited warranty and a general warranty deed?

A

The general warranty deed covers title problems arising during all previous ownerships while limited only covers that particular ownership.

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4
Q

What type of deed is commonly used in transactions involving foreclosed or tax-delinquent properties?

A

Bargain and Sale Deed

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5
Q

What is the primary function of the covenant of quiet enjoyment in a general warranty deed?

A

To guarantee that the grantee’s ownership rights will not be disturbed by third-party claims

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6
Q

What sections in the townships are designated for schools?

A

Nationally the section for schools is 16 and in Colorado it is 16 and 36

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7
Q

How many acres does a quarter section cover?

A

160

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8
Q

What is a datum used for in surveying and property description?

A

To measure vertical elevations

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9
Q

What term describes any point noted on the surveyed boundary in the metes and bounds system?

A

Monument

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10
Q

What are townships in the rectangular survey system?

A

Six miles square divisions within a quadrangle

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11
Q

What are benchmarks in the context of surveying?

A

Permanent markers used to assist surveyors in establishing property boundaries and measuring elevations

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12
Q

Which method is typically employed in conjunction with new subdivisions or the division of a large property into smaller lots?

A

Lot and Block System

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13
Q

What is the metes and bounds system used for in legal property descriptions?

A

To delineate property boundaries using specific locations, distances, and compass directions

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14
Q

Why are addresses alone not considered sufficient for legal property descriptions?

A

They fail to specify the exact boundaries of the land

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15
Q

Which system uses principal meridians and baselines as primary lines?

A

Rectangular Survey System

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16
Q

What is the main purpose of an attorney’s opinion of title?

A

To offer an opinion on the validity of the title based on public records

17
Q

Which document provides an opinion on the validity of the title but does not guarantee ownership?

A

Certificate of Title

18
Q

What is the process of removing liens before closing called?

A

Clearing Liens

19
Q

What must the buyer do to fulfill the conditions of the sales contract?

A

Secure a mortgage and conduct a home inspection.

20
Q

What is an abstract of title?

A

A comprehensive report from a title search including public records

21
Q

What is a Torrens certificate considered as?

A

Proof of Ownership

22
Q

What are encumbrances?

A

Limitations on the owner’s rights and use of the property

23
Q

What does title insurance protect against?

A

Ownership claims that may arise in the future

24
Q

Which document provides an opinion on the validity of the title but does not guarantee ownership?

A

Certificate of Title

25
What is the main focus of the Real Estate Settlement and Procedures Act (RESPA)?
Regulating the closing process of mortgage transactions
26
How long before the mortgage closing must the Closing Disclosure Statement be given to the borrower?
Three Days
27
What document must be provided to borrowers applying for a mortgage loan according to RESPA?
HUD booklet titled "Buying Your Home: Settlement Costs and Helpful Information"
28
Which entity administers the integrated provisions of RESPA and TILA?
Federal Consumer Financial Protection Bureau (CFPB)
29
What does RESPA prohibit to prevent unfair practices in mortgage transactions?
Undisclosed fees or kickbacks
30
What is the purpose of the Closing Disclosure Statement?
To provide a detailed account of the loan costs and the final closing statement
31
Which act governs various aspects of consumer lending?
TILA
32
What does the term "tacking" refer to in the context of adverse possession?
Combining periods of possession during multiple owners' tenures
33
What is the term for a voluntary transfer of property from an individual to the government for a specific purpose?
Dedication
34
What can adverse use lead to in terms of property rights?
An easement by prescription
35
Which concept involves the government transferring property to an individual in earlier times to encourage settlement?
Public Grants
36
What is the function of probate?
To ensure the validity of a will and the proper distribution of assets
37
What is the purpose of a partition proceeding?
To divide a single property jointly owned by multiple individuals
38
What does eminent domain refer to?
The process by which the government acquires land for public use