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41 Cards in this Set

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  • Back
The title to real estate passes when a valid deed is

a. signed and recorded
b. delivered and accepted
c. filed and microfilmed
d. executed and mailed
b. delivered and accepted
The primary purpose of a deed is to

a. prove ownership
b. transfer title rights
c. give constructive notice
d. prevent adverse possession
b. transfer title rights
A special warranty deed differs from a general warranty deed in that the grantor’s covenant in the special warranty deed

a. applies only to a definite limited time
b. covers the time back to the original title
c. is implied and is not written in full
d. protects all subsequent owners of the property
a. applies only to a definite limited time
The law that requires transfers of real property ownership to be in writing is the

a. parol evidence rule
b. statute of limitations
c. rule of civil procedure
d. statute of frauds
d. statute of frauds
A third party holds title to property on behalf of someone else through the use of a

a. devise
b. quitclaim deed
c. bequest
d. trust deed
d. trust deed
In a real estate transaction, any transfer taxes that are due are usually the responsibility of the

a. buyer
b. seller
c. escrow agent
d. licensee
b. seller
Title to real estate that is inherited from a person who died intestate is referred to as a

a. legacy
b. bequest
c. devise
d. demise
c. devise
Which of the following documents is signed by the owner of the real estate?

a. a gift deed
b. a trustee’s deed
c. a reconveyance deed
d. a tax deed
a. a gift deed
Which of the following deeds contains no expressed or implied warranties?

a. a bargain and sale deed
b. a quiet claim deed
c. a warranty deed
d. a grant deed
b. a quiet claim deed
All of the following are required for a deed to be valid EXCEPT the

a. date
b. legal description
c. name of the grantee
d. signature of the grantee
d. signature of the grantee
The reversion of real estate to the state because of its lack of heirs of other persons legally entitled to own the property is called

a. eminent domain
b. escheat
c. attachment
d. estoppel
b. escheat
What is the purpose of the acknowledgement by a notary public on a deed?

a. to make the deed eligible for recording
b. to assure that the title is valid
c. to show the genuineness of the grantor’s signature
d. to prove that the property has not been encumbered
c. to show the genuineness of the grantor’s signature
P owns a one-quarter undivided interest in a parcel of land, and he wants his interest transferred to his sister E. As a general rule, which of the following actions will transfer P’s undivided interest out of his name?

a. the redemption from a foreclosure sale
b. the making and the signing of a will
c. the delivery of the deed during the owner’s lifetime
d. the acceptance by signature of an offer to purchase
c. the delivery of the deed during the owner’s lifetime
A valid will devises the decedent’s real estate after the payment of all debts, claims, inheritance taxes and expenses through the

a. administrator of the estate
b. law of testate succession
c. granting clause established in the will
d. court action known as probate
d. court action known as probate
when the grantor does not wish to convey certain property rights, he or she

a. must note the exceptions in a separate document
b. may not do so, as the deed conveys the entire premises
c. may note the exceptions in the deed of conveyance
d. must convey the entire premises and have the grantee reconvey the rights to be retained by the grantor
c. may note the exceptions in the deed of conveyance
F bought acreage in a distant county, never went to see it, and did not use it, although he regularly paid the real estate taxes on it. L moved his mobile home onto F’s property, drilled a well for water, and lived there for many years. L may have become the owner of the acreage if he has complied with the state laws regarding

a. intestate succession
b. adverse possession
c. the statute of frauds
d. the statute of limitations
b. adverse possession
In which of the following situations would a quitclaim deed be the most appropriate type of deed to use?

a. to convey a marketable title
b. to release a nominal real estate interest
c. to remove a cloud on title
d. to warrant that a title is valid
b. to release a nominal real estate interest
The condemnation of private property for public use is exercised under the government right of

a. taxation
b. escheat
c. manifest destiny
d. eminent domain
d. eminent domain
A trespasser built a log cabin in a national park and occupied the structure for over 15 years. That person will never be able to claim the property under adverse possession statutes because

a. the possession was not “notorious”
b. the possession was not” hostile”
c. the property was not privately owned
d. the property was not properly fenced
c. the property was not privately owned
Grantee is to a deed as devisee is to a

a. trust
b. will
c. estate
d. leasehold
b. will
All of the following are true about adverse possession EXCEPT

a. the person taking possession of the property must do so without its owner’s consent
b. occupancy of the property must be continuous over a specified period of time
c. the person taking possession must compensate the owner at the end of the possession period
d. the person taking possession may become the owner of the property
c. the person taking possession must compensate the owner at the end of the possession period
Property may transfer upon the death of its owner by all of the following means EXCEPT

a. by devise
b. by dedication
c. by decent
d. by escheat
b. by dedication
A deed must be signed by the

a. grantor
b. grantee
c. grantor and grantee
d. grantee and two witnesses
a. grantor
Normally a deed will be considered valid even if

a. it is signed by an attorney-in-fact rather than the seller
b. the grantor is not a legal entity
c. the grantor is a minor
d. the grantor did not deliver the deed
a. it is signed by an attorney-in-fact rather than the seller
In order for a deed to be valid

a. the grantor must be legally competent
b. the signature of the grantor must be witnessed
c. the deed must be recorded
d. the grantee must sign the deed
a. the grantor must be legally competent
The seller conveyed a quitclaim deed to the buyer. Upon receipt of the deed, the buyer may be certain that

a. the seller owned the property
b. there are no encumbrances against the property
c. the buyer now owns the property subject to certain claims of the seller
d. all of the seller’s interests in the property belong to the buyer
d. all of the seller’s interests in the property belong to the buyer
Which of the following is true regarding a special warranty deed?

a. The grantor is making additional warranties beyond those given in a warranty deed.
b. The grantor retains an interest in the ownership.
c. The grantor is warranting that no encumbrances exist against the property.
d. The grantor’s warranties are limited to the time the grantor owned the property.
d. The grantor’s warranties are limited to the time the grantor owned the property.
Two people own a building as joint tenants with right of survivorship. One of the tenants dies intestate. The other tenant now owns the building

a. as a joint tenant with right of survorship
b. in severalty
c. in absolute ownership under the law of decent
d. subject to the terms of the deceased’s will
b. in severalty
A single person owned a parcel of land. Subsequent to the owner’s death the probate court determined the distribution of the land in accordance with the state’s statutes. This person

a. died testate
b. died intestate
c. was the devisee
d. was the grantee
b. died intestate
which of the following is an involuntary alienation of property?

a. quitclaim
b. inheritance
c. eminent domain
d. gift
c. eminent domain
The type of deed in which the granting clause states “grant, bargain and sell” or “convey and warrant” is a

a. special warranty deed
b. bargain and sale deed
c. general warranty deed
d. reconveyance deed
c. general warranty deed
The type of deed in which the grantor defends the title back to its beginning is a

a. trustee’s deed
b. quitclaim deed
c. special warranty deed
d. general warranty deed
d. general warranty deed
The type of deed in which the granting clause states “remise, release, alienate and convey” is

a. a special warranty deed
b. a bargain and sale deed
c. quitclaim deed
d. sheriff’s deed
a. a special warranty deed
Which of the following is an example of involuntary alienation?

a. selling a property to pay off debts
b. giving a piece of land to the zoo
c. having a piece of land sold for delinquent taxes
d. letting another person plant crops on an unused portion of a piece of land
c. having a piece of land sold for delinquent taxes
The clause in the deed that conveys the rights and privileges of ownership is called the

a. habendum clause
b. appurtenance clause
c. granting clause
d. acknowledgment
c. granting clause
Which of the following deeds can be executed without subjecting the grantor to legal warranties?

a. quitclaim
b. bargain and sale
c. trust
d. trustee’s deed
a. quitclaim
The deed that “grants and releases” and implies that the grantor has title is a

a. special warranty deed
b. bargain and sale deed
c. quitclaim deed
d. trust deed
b. bargain and sale deed
The deed states that the grantor is conveying all rights and interests of the grantor to have and to hold by the grantee. This is the

a. acknowledgment clause
b. restriction clause
c. covenant of seizen
d. habendum clause of
d. habendum clause of
What will happen to the real estate if the deceased owner did not write a will and has no heirs?

a. the ownership will pass by devise.
b. The ownership will escheat.
c. The courts will seize the ownership.
d. The ownership will revert to the previous owner.
b. The ownership will escheat.
Under the terms of a trust established by a will, the trustee is required to sell the real estate the trust holds. The deed that will be delivered at settlement is a

a. deed of release
b. warranty deed
c. trustee’s deed
d. trustor’s deed
c. trustee’s deed
A grantor does not wish to be responsible for defects in the title that arise from previous owners but will guarantee the title for the time the grantor has the ownership. What type of deed would the grantor convey?

a. bargain and sale deed
b. quitclaim deed
c. reconveyance deed
d. special warranty deed
d. special warranty deed