Test 1 Flashcards
Legally and technically, property is defines as ?
a. Freehold estates
b. Things which buyers and sellers own
(c) rights or interests which a person has in the thing owned
d. Only personal property
Which best defines a fee simple estate
a. Title in the owner without limitations
b. Estate for years
c. A life estate
(d) The most interest that one can hold in land
David gave a grand deed to john transferring title to the house. Title is subject to a condition stating title will be forfeited if alcohol is sold on property. What type of estate?
a. A fee simple absolute
(b) a fee simple defeasible
c. an estate in forfeiture
d. a less than freehold estate
When Carson conveys to Gimball a portion of his fee estate for a term less than his own, Carson interest would best be identified as
a. leasehold
b. fee defeasible
c. vested severance
(d) Reversion
If a man leased a store for only six months, he would have an
a. Estate from period to period
(b) estate for years
c. estate at will
d. estate at sufferance
Under a valid assignment of a lease, the assignee purchases the leasehold interest and becomes a
a. landlord
b. guarantor
c. sublessee
(d) tenant
which of the following would not be classified as a real property
a. appurtenant easement
b. watercourse
c. unextracted minerals
(d) leasehold estates in residential properties
unless otherwise spefified, the rights to minerals which lie beneath the surface of land
(a)are automatically transfered with the sale of the real property
b.cannot be leased
care kept by the original owner
d. cannot be conveyed apart
Which of the following would be defined as fixture in the law
a. something that is made part of a chattel real
b. something referred to by actions but not referred to in the sales contact
(c) something incorporated into the land
d. something used in an extraordinary way with the land
As used in real property law, which of the following is most nearly correct as a meaning for the word “tenancy”.
a. the landlord-tenant relationship
b. obstinacy of a holdover tenant
(c) the mode or method of holding to real property by a lessee or owner
d. none of the above
If five people own property as joint tenant
a. they need not own equal interest in the property
(b) there is still only one title to the whole property
c. owner dies, his heirs become tenants in common with the co owners
d. each co-owner has separate legal title to his undivided interest
When real property is held by husband and wife as community property an agreement to sell that property which has been signed by only one spouse would be considered to be:
a. illegal
(b) unenforceable
c. bidning
d. violation of the statue of frauds
to alienate title to the property, one:
a. encumbers the title
b. clouds the title
c. records a homestead
(d) conveys title
the primary purpose of city and county building codes is to establish
a. min square footage dimensions and occupancy limits for commercial
(b) min standards for public health, safety, moral, general welfare
c. the prevailing wage provisions which must be observed by contractors doing business with the goverment
d. all of the above
which of the following rights of ownership in real property do individuals normally not have
a. severance rights
(b) eminent domain rights
c. riparian rights
d. reliction rights
a deed would be considered void in which of the following circumstances
a. the grantee is not specifically named in the deed
b. the name of the grantor is spelled different in the body of the deed
(c) the grantee is a fictitious person
d. the grantee uses a name which is not his correct legal name
on september 30, 1983 daniels offered to buy barnes home. The offer was accepted and escrow opened. barnes had purchsed the home in 1978, by FHA, which currently still making payments. a preliminary title report date 9-30-1983 will
a. include exactly the same information as a future standard policy of title insurance
(b) show the particulars of a deed of trust with barnes as trustor
c. bind
Of the following types of deeds, which one would contain no covenant or warranties, expressed or implied
a. a wild deed
(b) a quitlcaim deed
c. A bargain and sale deed
d. A grant deed
Which of the following statements concerning encumbrances is correct
(a) It is a common practice for buyers to accept indeed on previously encumbered property
b. Overdue federal income taxes may become a lien but they are never an encumbrance
c. All encumbrances or liens, but not all liens or encumbrances
d. A specific lien is never a voluntary lien
A charge imposed upon the specific real property by which it is made security for the performance of an act the fires which of the following
a. encumbrance
b. quitclaim deed
(c) lien
d. covenant not to impose encumbrances
The beneficiary of a second trustee sold his interest in the property for less than the unpaid balance of the note.This action is commonly described as
a. Leveraging
b. Liquidating
(c) Discounting
d. Seven-game
When the required payments are real estate loan are insufficient to pay the interest due, the results is
a. Increased principal payments
b. A reduced term of the loan
(c) negative amortization
d. Greater down payment
A note on which only to interest is paid during its term is called
(a) straight note
b. Amortized note
c. An installment note
d. void
a baloon loan could also be described as a
a.Non-assumable loan
B. Due on sale loan
(C)Partially amortized loan
D. Fully amortized loan
An owner of a parcel of real property gave his name for a deed conveying an easement for ingress and egress. The easement was not specifically located in the deed. The neighbors right to use the easement is
(a)Enforceable, because the location of an easement need not be specified
B. Enforceable only if the easement is an easement in gross
C. Unenforceable due to the lack of a specific location
D. Unenforceable, because easement are created by written agreements, never by deed
An interest in real property can be acquired through “adverse possession” or by prescription. The interest acquired by prescription is
(A) The right to use the land of another
B. An equitable title
C. A legal title
D. A private grant
Deed restrictions are appropriately classified as
A. General liens
b. Constructive liens
(C) Encumbrances
D. All of the above
The owner of a single lot is trying to show that exceptional circumstances concerning the intended use of the property are applicable to this property. The owner is also trying to show that the exception is not detrimental to the public. The owner would probably petition to planning commission for
A. Redevelopment
(B) Varianc
C. Building permit
D. Rezoning
Mr. Gardner purchased his home, he discovered, by survey, that his neighbor’s garage was 3 feet over on his newly acquired property. This disturbed him greatly. The broker and seller were not aware of the encroachment. For remedy, if a friendly settlement cannot be reached, you should bring civil suit against
A. The broker for failure to disclose the encroachment
(B) His neighbor
C. The Real Estate Commission
D. The title company, for failure to show the encumbrance on the standard form title report
When using a purchase money trust deed, the trustor
A. Receives a note for the amount that is borrowed
B. Lens the money
C. Holds the promissory note
(D) Signs the trust deed which is used as security for the loan
A trustee has legally begun the process to sell property secured by a trust deed. After the notice of default is recorded, the trustee must wait at least three months before
A. The foreclosure is final
b. Issuing the inconvenience deed
(C). Publishing the notice of sale
D. Convening title to the beneficiary
If the parties to the document have no other agreement, Which of the following trustees would normally have priorities
a. The one which is executed and delivered first
b. The one which is executed first
C. A trust deed securing the payment of construction loan
(D). The one record at first
Under California law, A trust deed
a. Transfers equitable title to the beneficiary
(B) Encumbers the real property designated and indeed of trust
C. Designates only two parties to the agreement; the Trester and the trustee
d. automatically reconvey is the property to the trust or when the loan has been paid off
Van Holden borrowed money from Robertson and give the lender of trustees on six separate parcels of previously unencumbered real property that he owned. In such a circumstance, the trust deed would be regarded as
A. An all-inclusive deed of trust
B. A purchase money deed of trust
C. A subordinated deed of trust
(D) A blanket deed of trust
In the field of real estate, a prepayment penalty is sometimes
A. required from a trust or who makes advance payments is on his home loan
B. Collected from borrower was late in his payment
C. Charged environment he applies for home loan
D. Written into a trust deed for the protection of the truster
A subordination clause in the trusty benefits
a.. The beneficiary
(B) The trustor
C. The trustee
D. none of the above
One document which requires verification and recording for its validity is a
a. trust deed
b. notice of default
c. judgment affecting real property
(d) mechanic’s lien
Which of the following would be true about a lis pendens
a. it can only removed by a court order
b. it can be recorded no matter what the type of lawsuit is
(c) it may affect title to real property based on the results of the lawsuit
d. none of the above
When the public records have been examined in order to determine the chain of title to parcel of real property, a written summary of the chain of title is known as
.(a) An abstract of title
B. An extended coverage title insurance policy
C. An affidavit of title
D. None of the above
An on-site inspection of the property, when title insurance is being issued, with the least likely that this issuance of
a.t. An extended coverage policy on rule property
B. And extended coverage policy on the home
(C) A standard policy covering the home
D. And ALTA policy covering the home
The protection which is given by an ALTA policy title insurance
A. Covers easement which are created during the term of the policy
(B) Is limited to the standard condition in ownership of title as of the date of policy
C. Protects to insured against unknown releases who occupy the property
D. Includes encroachments upon the property which occur after the effective date of policy
Broker Bob who has unrestricted license, negotiated the sale of property, and in the process, defrauded about. The buyer obtain the final judgment against a broker upon the ground of fraud in a civil suit. The real estate Commissioner
A. Can suspend the broker’s license until a hearing is held
(B) Can hold a hearing but cannot suspend or revoke the license until after the hearing
C. Could suspend the license of the broker when he receives a copy of the final judgment
d.must wait to take action until the buyer files a formal complaint
The commissioners regulations require that there be a written employment contract between the broker in each salesperson employed by the broker. Such employment agreements must
A. Be By both parties for a period of three years from the date of agreement
(B) Be presented to the Department of real estate when subpoenaed
C. be ratained by both parties for three years fro the termination of the agreement
d. be notarized and recorded at the county recorder office.
Which of the following represents a gross misrepresentation by an agent
a. his representation is an obvious falsehood
b. his representation is made with a knowledge of the falsehood.
c. his representation caused the aggrieved party to enter into the contract
(d) all of the above
a licensed real estate salesperson placed a “blind ad” In a local newspaper. A “blind” does not properly
A. Give the address of the property
(b)identified the broker
C.identify the seller
D.give the selling price
Ethical practices of real estate licensee most merely means
A. Knowledge and respect for the law
B. Efficient and effective business practices
(C) The licensee’s honesty and fairness in dealing with the public, clients, associates and customers
D. Being held in high esteem by peers in the public
When budgeting for a real estate office, the phrase “company dollar” means
A. The money required to establish an office in London for a given period of time;
B. The income of an office after all expenses are subtracted
C. The income of an office after all commissions are subtracted
D. None of the above
The real estate commissioner would not permit which of the following mortgage loan advsertisements
(a) call our toll free number 1800-for-a-loan
b. Income, equity and credit must be verfied
C.We loan up to 75% of market value based on our staff appraiser’s report
d. First trust deeds available - 10% per annum
Which of the following state agencies would receive complaints concerning fair housing laws?
a. Department of real estate
(b) department of fair employment and housing
c. department of community development
d. None of the above
In which of the following years Did the US Supreme Court prohibited all racial discrimination in real property is sold or rented
a. 1962
(b) 1968
c. 1974
d. 1982
In 1921, restrictions which limited the conveyance or the lease of property to persons of the Caucasian race were imposed on the subdivision. The restrictions are to expire in 2019. Presently, these restrictions are
A. Enforceable
(B) Unenforceable even if a majority of the homeowners want them
C. Enforceable, if the buyer agrees
D. Valid, unless all property owners agreed to eliminate them
A broker presented an offer to sell or which meant the terms of the listing. The offer was from a financially qualified black person. Later, as salesperson presented the seller and offer a lower price from a white prospects. The seller do not accept your offer, but instead sold the property to a neighbor through the same salesperson. The neighbor wanted to buy the property sold as to prevent a minority person moving into the area. Which of these parties is not in violation of fair housing laws
a. seller
b. neighbor
(c) white prospects
d. salesperson
When the real estate market changes from a buyers market to seller’s market, which of the following results could naturally be expected
A. Prices would probably drop because of the increased supply and reduce demand
B. Construction activity in new subdivisions would decline
C. Prices would be unaffected, since every Parcell is unique
(D) Prices would rise because of the increased demand and lighting supply
Carlson borrowed 35,000 to finance the purchase of his home. The trend of gradual economic inflation will affect the outstanding balance of the loan to the
(a). Benefit of the trustor
B. Benefit of the trustee
C. Benefit of the beneficiary
D. Disadvantage of beneficiary and the trustor
When Crane sold his house to Thompson, it was necessary for cream to take back a note secured by second trust deed in order to consummate the transaction. Which of the following would probably be the reason for this
a. The note on the second trust deed has a low discount rate
B. The initial financing was VA guaranteed
(C) The current money market is “tight”
D. The deal was being conventionally financed
Lenders know that the lower the loan to value ratio, the higher the
A. Appraised value
B. Probability of default
(C) Equity
D. Amount loaned
Financial institutions which specialize in making home loans obtain most of the funds from
(a)Individual savings
B. Business savings
C. Government loans
D. The federal national mortgage Association
Deregulation of the financial institutions most nearly means
A. There is now no government control of financial institutions
(b) There is no limit on the interest rate financial institutions can pay on deposits
C. Financial institutions can no longer respond to market conditions
d.Examination and enforcement attitudes are more relaxed
Most junior loans that are negotiated today are secured from
(A) Private lenders
B. Commercial banks
C. Savings and Loan associations
D. Insurance companies
Commercial banks consider liquidity and marketability of loans to be paramount importance when you make mortgage investments secured by real property. Such banks are referring to the
(a) Activities of a secondary mortgage markets
B. Superiority of short-term loans over long-term loans
C. Reseller of homes
D. Effects of the security offered by the FDIC