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Flashcards in Unit 5 Deck (43)
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1

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.

2

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

3

A property is under contract for a sales price of $357,800. The buyer will assume the seller’s outstanding loan balance of $225,000, secure a second mortgage for $100,000, and pay the remainder in certified funds at settlement. On the settlement statement, the seller will be charged excise tax in the amount of
a. $265.60.
b. $358.00.
c. $715.60.
d. $716.00.

d. $716.00.

4

In a real estate transaction, excise taxes are the responsibility of the
a. buyer.
b. seller.
c. escrow agent.
d. broker.

b. seller.

5

Title to real estate inherited from a person who died testate is referred to as a
a. legacy.
b. bequest.
c. devise.
d. demise.

c. devise.

6

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

7

Which of the following deeds contains no expressed or implied warranties?
a. Special warranty deed
b. Quitclaim deed
c. Warranty deed
d. Grant deed

b. Quitclaim deed

8

Which of the following is an essential element of a valid North Carolina deed?
a. A seal
b. Recordation
c. The signature of the grantee
d. Words of conveyance

d. Words of conveyance

9

All the following are non-essential elements of valid North Carolina deed
EXCEPT
a. exact sales price.
b. recordation.
c. the names of the grantor and the grantee.
d. signatures given under seal.

c. the names of the grantor and the grantee.

10

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 intestate succession.
c. granting clause established in the will.
d. court action known as probate.

d. court action known as probate

11

When the grantor does NOT wish to convey certain property rights,
a. exceptions must be noted in a separate document.
b. the deed must convey the property with all rights intact.
c. exceptions may be noted in the deed of conveyance.
d. the grantor must convey the entire premises and have the grantee reconvey the rights to be retained by the grantor.

c. exceptions may be noted in the deed of conveyance.

12

An investor bought acreage in a distant county, never went to see it, and did not personally use it, although he regularly paid the real estate taxes on it. A woman moved her mobile home onto the investor's property, drilled a well for water, and lived there for many years. The woman may have become the owner of the acreage if she has met the requirements regarding
a. intestate succession.
b. adverse possession.
c. the covenant of quiet enjoyment.
d. the statute of limitations.

b. adverse possession.

13

In which of the following situations would a quitclaim deed be the most appropriate type of deed to use?
a. Conveyance of a marketable title
b. Transfer of a nominal real estate interest
c. Removal of a cloud on a title
d. Warranting validity of a title

c. Removal of a cloud on a title

14

A trespasser built a log cabin in a remote area of a national park and occupied the structure for more than 25 years. That person will never be able to claim the property under adverse possession statutes, because the
a. possession was not notorious.
b. possession was not open.
c. property was not privately owned.
d. property was not properly fenced.

c. property was not privately owned.

15

Grantee is to a deed as devisee is to a
a. trust.
b. will.
c. estate.
d. sales contract.

b. will.

16

All of the following are true about adverse possession EXCEPT
a. possession of the property occurs without the owner's consent.
b. continuous occupancy of the property occurs over a minimum time period.
c. just compensation is given to the owner upon passing of the required period of possession.
d. the person taking possession possibly becomes the owner of the property.

c. just compensation is given to the owner upon passing of the required period of possession.

17

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.

18

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. any and all of the seller's interests in the property belong to the buyer.

d. any and all of the seller's interests in the property belong to the buyer.

19

Which of the following is TRUE regarding a special warranty deed?
a. A grantor makes additional warranties beyond those given in a general warranty deed.
b. The grantor retains an ownership interest in the property.
c. The grantor is warranting that no undisclosed 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.

20

Which of the following is an involuntary alienation of property?
a. Quitclaim
b. Inheritance
c. Eminent domain
d. Gift

c. Eminent domain

21

In order for the government to acquire land under the right of eminent domain,
a. the acquisition must be for a public purpose.
b. there must be a statutory dedication.
c. the owner must agree to the taking.
d. there must be constructive notice.

a. the acquisition must be for a public purpose.

22

Which of the following statements about North Carolina deeds is CORRECT?
a. A general warranty deed is the best way for the buyer to receive title.
b. A special warranty deed gives the seller the greatest degree of liability.
c. A bargain and sale deed is very much like the special warranty deed.
d. A gift deed must be recorded within 30 days to remain valid.

a. A general warranty deed is the best way for the buyer to receive title.

23

A grantor does not wish to be responsible for any defect(s) in the title that may arise from previous ownership but will guarantee the title for the time the grantor held the ownership. What type of deed would the grantor convey?
a. General warranty deed
b. Bargain and sale deed
c. Reconveyance deed
d. Special warranty deed

d. Special warranty deed

24

Which of the following is an example of involuntary alienation?
a. Selling a property to pay off debts
b. Donating a piece of land to the zoo
c. Having a piece of land auctioned for delinquent taxes
d. Letting another person plant crops on an unused portion of a piece of land

c. Having a piece of land auctioned for delinquent taxes

25

Which of the following deeds would probably be used to transfer title by a grantor to a grantee when the grantor is providing no warranties on the title?
a. Quitclaim deed
b. Bargain and sale deed
c. Special warranty deed
d. Trustee's deed

a. Quitclaim deed

26

Which of the following offers the most assurance of marketable title to a grantee?
a. A trust deed
b. A warranty deed
c. A title insurance policy
d. An affidavit

c. A title insurance policy

27

Which of the following would be used to clear a defect from the title records?
a. A lis pendens
b. An estoppel certificate
c. A suit to quiet title
d. A writ of attachment

c. A suit to quiet title

28

All of the following may be discovered by a title search EXCEPT
a. the legal description of the property.
b. liens and judgments.
c. easements.
d. encroachments.

d. encroachments.

29

A bill of sale is used to transfer the ownership of
a. real property.
b. fixtures.
c. personal property.
d. appurtenances.

c. personal property.

30

The North Carolina Marketable Title Act
a. guarantees that general warranty deeds transferred in North Carolina are free of defects and therefore, fully marketable.
b. states that a title search conducted on a property’s history of the previous 30 years will normally extinguish any defects that pre-date that period.
c. negates all claims to a property through adverse possession.
d. requires title searches to review the chain of title since North Carolina became a state.

b. states that a title search conducted on a property’s history of the previous 30 years will normally extinguish any defects that pre-date that period.