Unit 21 Flashcards

(30 cards)

1
Q

Documents are entered into the public record by recording them at:

a) tax office.
b) borough hall.
c) county seat.
d) municipal recording office.

A

c) county seat.

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2
Q

2) Constructive notice means that:

a) all parties with an interst in the property have been notified, by certified or registered mail,
of existing defects to title.
b) if an encumbrance against a title were recorded, but the buyer was not aware of it, he would still be subject to its effects when he became the owner, if it had not been removed prior to purchase.
c) all parties who seek to acquire an interest in real estate are not bound by the information in
public records if they choose not to make a search.
d) All of the aobve.

A

b) if an encumbrance against a title were recorded, but the buyer was not aware of it, he would still be subject to its effects when he became the owner, if it had not been removed prior to purchase.

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3
Q

An acknowledgement is given by:

a) an attorney at law.
b) the party signing the instrument.
c) a notary public.
d) the registrar of deeds.

A

b) the party signing the instrument.

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4
Q

Which of the following has access to the records in the recording offices in each county?

a) Prospective buyers.
b) The general public.
c) Prospective lenders.
d) All of the above.

A

d) All of the above.

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5
Q

Actual notice is:

a) notice that has been received by direct communication, either oral or written.
b) the same as constructive notice.
c) recorded notice.
d) implied notice.

A

a) notice that has been received by direct communication, either oral or written.

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6
Q

Deeds are recorded to provide:

a) actual notice.
b) constructive notice.
c) consummate notice.
d) conspicuous notice.

A

b) constructive notice.

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7
Q

Constructive notice of a fact is established by:

a) entering it on public record.
b) acting openly in accordance with the fact.
c) direct communication of the fact to each interested party.
d) testifying to the existence of the fact under oath inopen court.

A

a) entering it on public record.

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8
Q

8) Recording an instrument is:

a) mandatory.
b) permitted only if the instrument is ackowledged.
c) necessary to make it legal.
d) alwyas free.

A

b) permitted only if the instrument is ackowledged.

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9
Q

9) If A sells a property to B and B takes possession but does not record his deed and subsequently A sells the property to C and C records his deed, who owns the property?

a) A
b) B
c) C
d) None of the above.

A

b) B

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10
Q

Which of the following parties is in the weakest position against a claim of title by a stranger?

a) Holder of warranty deed.
b) One who holds a unrecorded deed and who does not live on the property.
c) One who holds an unrecorded deed.
d) One who holds a recorded, quitclaim deed to the property.

A

b) One who holds a unrecorded deed and who does not live on the property.

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11
Q

Which of the following statements is true?

a) Recording a deed guarantees its vaildity.
b) In New Jersey, recording offices for eligible instruments are located in each of the of the
566 municipalities.
c) Month-to-month leases are usually recorded.
d) Recording of documents provides constructive notice.

A
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12
Q

Which of the following statements is NOT true?

a) An instrument cannot be recorded unles it is in Enligh or accompnaied by an English
transaltion. b) Recording offices for eligible instruments are located in each of the 21 New Jersey
counties.
c) Month-to-month leases are usually recorded.
d) Recording of documents provides constructive notice.

A

c) Month-to-month leases are usually recorded.

Leases 3 years or more are recorded.

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13
Q

Recording a deed is to the greatest benefit of the:

a) grantor.
b) public trustee.
c) attorney.
d) grantee.

A

d) grantee.

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14
Q

In real estate transactions in New Jersey all of the following documents are usually recorded in
the county clerk’s office EXCEPT a(n):

a) deed.
b) offer to purchase.
c) mortgage.
d) pruchase money mortgage.

A

b) offer to purchase.

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15
Q

The recording of a deed:

a) guarantees title.
b) insures ownership.
c) verifies title.
d) constitutes constructive notice of ownership

A

d) constitutes constructive notice of ownership

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16
Q

A loan title policy protects:

a) the mortgagee only.
b) the owner only.
c) both the owner and the lender.
d) neither the owner nor the mortgagee.

A

a) the mortgagee only.

17
Q

17) Title insurance premiums are paid:

a) annually.
b) once-at the issuance of the policy.
c) by the seller, usually.
d) monthly.

A

b) once-at the issuance of the policy.

18
Q

The county clerk does which of the following?

a) Confirms the accuracy of the legal description in the deed.
b) Attests to the accuracy of the survey.
c) Gives an acknowledgment.
d) Enters the document into the public records.

A

d) Enters the document into the public records.

19
Q

A mortgage policy of title insurance is purchased by the:

a) broker.
b) seller.
c) borrower.
d) lender.

20
Q

Generally, the title insurance coverage extends to hidden and unknown matters:

a) whether or not they are of record.
b) when they are of record.
c) when they are not of record.
d) in none of the above cases.

A

a) whether or not they are of record.

21
Q

An abstract of title is:

a) a brief digest of the title to a particular property.
b) a summary of each deed in a title search.
c) an appraisal of the lands and the improvements.
d) a summary of all the improvements and encroachments on the property.

A

a) a brief digest of the title to a particular property.

22
Q

Which of the following statements is NOT true?

a) The mortgagee’s policy protects the lender.
b) The mortgagee’s policy is paid for by the grantee.
c) The fee policy protects the owner.
d) Title defects arising after closing are protected.

A

d) Title defects arising after closing are protected.

23
Q

To what does the term “chain of title” refer?

a) Recording law.
b) Will beneficiearies.
c) Titel evidence.
d) A succession of owners.

A

d) A succession of owners.

24
Q

The best evidence of title is provided by:

a) title search.
b) title insurance.
c) abstract of title.
d) warranty deed.

A

b) title insurance.

25
An owner's title policy protects: a) the owner for as long as he or his heirs own the property. b) a subsequent pruchaser that the owner sells to so long as the term of the owner's policy has not expired. c) the mortgagee up to the amount of the loan. d) the owner if he receives an assignment of the policy from the previous owner.
a) the owner for as long as he or his heirs own the property.
26
Which of the following is NOT an objective of a title search? a) Establish relative value. b) Verify ownership. c) Find money encumbrances. d) Find non-money encumbrances.
a) Establish relative value.
27
A title policy insures against: a) forgery. b) unmarketability. c) loss arising from lack of access to the insured property. d) all of the above.
d) all of the above.
28
Title insuance, in terms of coverage from the date of policy issuance is similar to: a) a homeowner's policy. b) flood insurance. c) both of the above. d) neither of the above.
d) neither of the above.
29
To alienate title to property, one: a) clouds the title. b) transfers ownership of property, c) must contact the Immigration Department. d) must be acting voluntarily.
b) transfers ownership of property ## Footnote To "alienate title to property" means to transfer ownership of real estate from one person or entity to another
30
Mr. X a bonafide purchaser for value who records his deed, would take precedence over a grantee with a prior unrecorded deed: a) where Mr. X has actual knowledge of the prior unrecorded deed. b) where the prior unrecorded deed's grantee has taken possession of the property and was living in a house on the property. c) where Mr. X had no knowledge of the previous transaction and the prior grantee did not take possession. d) under no circumstances.
c) where Mr. X had no knowledge of the previous transaction and the prior grantee did not take possession.