Law & Practice Flashcards

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
Q

What is the main focus of the Real Estate Settlement and Procedures Act (RESPA)?

A

Regulating the closing process of mortgage transactions

26
Q

How long before the mortgage closing must the Closing Disclosure Statement be given to the borrower?

A

Three Days

27
Q

What document must be provided to borrowers applying for a mortgage loan according to RESPA?

A

HUD booklet titled “Buying Your Home: Settlement Costs and Helpful Information”

28
Q

Which entity administers the integrated provisions of RESPA and TILA?

A

Federal Consumer Financial Protection Bureau (CFPB)

29
Q

What does RESPA prohibit to prevent unfair practices in mortgage transactions?

A

Undisclosed fees or kickbacks

30
Q

What is the purpose of the Closing Disclosure Statement?

A

To provide a detailed account of the loan costs and the final closing statement

31
Q

Which act governs various aspects of consumer lending?

A

TILA

32
Q

What does the term “tacking” refer to in the context of adverse possession?

A

Combining periods of possession during multiple owners’ tenures

33
Q

What is the term for a voluntary transfer of property from an individual to the government for a specific purpose?

A

Dedication

34
Q

What can adverse use lead to in terms of property rights?

A

An easement by prescription

35
Q

Which concept involves the government transferring property to an individual in earlier times to encourage settlement?

A

Public Grants

36
Q

What is the function of probate?

A

To ensure the validity of a will and the proper distribution of assets

37
Q

What is the purpose of a partition proceeding?

A

To divide a single property jointly owned by multiple individuals

38
Q

What does eminent domain refer to?

A

The process by which the
government acquires land
for public use