1.
MORTGAGE YIELD IS BEST DESCRIBED AS:
Correct Answer
C. The effective interest return obtained from a first trust deed by an investor
Explanation
Mortgage yield refers to the effective interest return that an investor obtains from a first trust deed. It represents the amount of income generated from the mortgage investment, taking into account factors such as the interest rate, loan fees, and closing costs. This measure allows investors to assess the profitability of their mortgage investments and make informed decisions.
2.
A VALID ESCROW REQUIRES W/C OF THE FFG:
Correct Answer
B. A binding contract between the buyer and seller and the condition delivery of transfer instruments to a third party
Explanation
These are required for a valid escrow
3.
A REAL ESTATE BROKER IS USUALLY:
Correct Answer
D. None of the above
Explanation
The broker is usually the agent (fiduciary) of the seller and usually does not have a power-of-attorney
4.
THE BEST DEFINITION OF A STRAIGHT NOTE IS:
Correct Answer
C. Principle is all due at one time
Explanation
A straight note has no principal payments and principal is due all at one time.
5.
A LOAN FOR WHICH INTEREST-ONLY PAYMENT ARE MADE IS:
Correct Answer
A. A straight note
Explanation
A straight note has no payment of principal on the installment basis and principal is due at maturity. When interest only is paid, the no principal is paid until maturity.
6.
COMPARING AN INSTALLMENT NOTE TO A STRAIGHT NOTE, THE STRAIGHT NOTE WILL HAVE:
Correct Answer
C. No principal payments during the term of the loan except on the last payment
Explanation
The straight note will have no principal payments during the term of the loan except on the last payment. This means that the borrower will only make interest payments throughout the loan term and will pay off the principal amount in full on the final payment. In contrast, an installment note would require the borrower to make regular principal reduction payments along with interest payments throughout the loan term. Therefore, the straight note does not involve any principal payments until the final payment, making it different from an installment note.
7.
AN “ABLE BUYER” MEANS ONE:
Correct Answer
D. Any of the above
Explanation
Any of these would indicate an “able” buyer
8.
OPTION TO RENEW A LEASE IS A:
Correct Answer
A. Covenant
Explanation
An option to renew a lease is a promise by the lessor to do so in the event the lessee desires it. A promise in a contract is a “covenant”
9.
WHICH OF THE FOLLOWING IS A LEGAL TERM USED TO DESCRIBE THE ENTIRE PARCEL OF REAL PROPERTY AND ALL STRUCTURES ON SUCH PROPERTY?
Correct Answer
C. Condominium Project
Explanation
When you consider the condominium units as well as the common areas, you have a condominium project
10.
A BUYER DEFAULTS IN MAKING PAYMENTS ON A LOAN, THEREFORE THE LENDER’S ACTION PROBABLY WOULD RESULT IN:
Correct Answer
C. Acceleration
Explanation
Acceleration indicates the right to declare the entire sum of a note to be due and payable immediately. Most trust deeds contains several acceleration clauses.
11.
WHICH OF THE FOLLOWING IS THE CLASSIC DEFINITION OF THE BOUNDARIES OF REAL PROPERTY?
Correct Answer
B. A reasonable use of airspace and extended to the center or the earth
Explanation
The surface of the earth and the material beneath the surface to the center of the earth is part of the real property. Since airways are now public domain, the ownership of airspace is “use to an enjoyable and reasonable height”
12.
AN OFFER BY ONE OF THE PARTIES TO A REAL ESTATE TRANSACTION TO CARRY OUT THAT PARTY’S PART OF THE CONTRACT IS CALLED A:
Correct Answer
D. Tender
Explanation
Usually made at the conclusion of the transaction, the tender is the offer to perform on the terms agreed to. If the other party cannot perform, then the party that made the tender can rightfully claim the other party defaulted.
13.
TO ALIENATE TITLE TO REAL PROPERTY, ONE WOULD:
Correct Answer
C. Convey the title
Explanation
The term “alienate” means to transfer or convey. To alienate title means to convey it.
14.
REAL PROPERTY WOULD INCLUDE:
Correct Answer
D. None of the above
Explanation
None of the possible answers to this question is real property. A tax lien and a trust deed, although having to do with real property, are not real property. Oil which has been “captured” is personal property.
15.
IN AN ESCROW, PREPAID RENTS ARE NORMALLY:
Correct Answer
D. Credited to the buyer
Explanation
The vendee is the buyer. The buyer normally receives the prepaid rents.
16.
THE HIRING OF A SPECIALIST IN PROPERTY MANAGEMENT WOULD BE JUSTIFIED BY:
Correct Answer
A. Absentee ownership
Explanation
In absentee ownership. The owner lives away from the property and is not able to adequately supervise it.
17.
A CONTRACT TO KEEP AN OFFER OPEN FOR A SPECIFIC PERIOD OF TIME IS:
Correct Answer
D. An option
Explanation
An offer to purchase may be revoked or rejected at any time before communication of acceptance. In one wishes to keep an offer to sell open for a period of time, they must give consideration to the optionor (seller) thus creating a contract with consideration to the optionor and the promise of the optionor is to keep his offer open for a definite period of time.
18.
WHICH OF THE FOLLOWING IS NOT ONE OF THE FOUR IMPORTANT ELEMENTS OF VALUE:
Correct Answer
B. Appreciation
Explanation
The four elements of value are Demand Utility, Scarcity, and Transferability (DUST)
19.
PLACING TWO OR MORE CONTIGUOUS UNITS UNDER COMMON OWNERSHIP FOR THE PURPOSE OF INCREASING THE VALUE PER UNIT IS KNOWN AS:
Correct Answer
C. Plottage
Explanation
Placing two or more contiguous units under common ownership in order to increase the units value is known as plottage.
20.
WHICH OF THE FOLLOWING ITEMS WOULD MOSTLY LIKELY TO APPEAR AS A CREDIT ON THE SELLER’S CLOSING STATEMENT?
Correct Answer
A. Prepaid taxes
Explanation
If the seller has prepaid the taxes, they would expect to get the unused portion back which will be a credit. The seller usually pays for the title insurance and delinquent assessment liens. The assured loan is a debit to the seller.
21.
WHEN A STREAM SUDDENLY TEARS LAND AWAY FROM ITS BANK, IT IS CALLED:
Correct Answer
D. Avulsion
Explanation
Avulsion is distinguished from erosion (the gradual removal of the soil by air or water)
22.
WHICH OF THE FOLLOWING IS USED TO DETERMINING THE NET INCOME OF A PROPERTY USING THE CAPITALIZATION APPROACH OF APPRAISAL?
Correct Answer
C. Vacancy allowance
Explanation
The only choice used to calculate net income is vacancy allowance
23.
PRESCRIPTION IS:
Correct Answer
D. The right of use on the land
Explanation
Prescription relates to an easement, which is a real property right acquired through court action providing for the right to use the land of another
24.
IN YOUR OPINION, THE RELATIONSHIP BETWEEN THE THING DESIRED AND THE POTENTIAL PURCHASER IS BEST DEFINED AS:
Correct Answer
C. Value
Explanation
This is a definition of the word “Value”
25.
Novation is most closely related to:
Correct Answer
C. Substitution of a new contract for an old one
Explanation
Novation is a legal term to describe replacing an old contract with a new contract.
26.
ANOTHER NAME FOR AN ESTATE OF INHERITANCE IS:
Correct Answer
C. Estate is fee
Explanation
Fee estates are of indefinite duration, can be willed, the greatest interest a person can own in land, freehold estate and not necessarily free of encumbrances.
27.
WHEN RENT IS COMPUTED ON THE GROSS SALES OF A BUSINESS OCCUPYING REAL PROPERTY, THE LEASE IS CORRECTLY TERMED:
Correct Answer
D. A percentage lease
Explanation
In a percentage lease, the rent is tied to a percentage of the gross receipts of a business
28.
FEE SIMPLE ESTATE REFERS TO:
Correct Answer
A. The greatest interest a person can own in land
Explanation
Fee simple estates: often defined as the greatest interest a person can own in land. The next estate would be a life-estate. Thirdly, one could own a lease hold estate which involves possession solely.
29.
A DISTINGUISHING FEATURE OF A FEE SIMPLE ESTATE IS THAT IT IS:
Correct Answer
B. Freely transferable
Explanation
Freely transferable
30.
A LEASE IS TO A LESSEE AS:
Correct Answer
C. An agreement of sale is to an equitable owner
Explanation
An agreement of sale (land contract) gives the equitable owner the use of the property, as a lease gives the use of the premises to the lessee. An affiant is one who makes an affirmation. Know each of the terms in this question.
31.
WHICH OF THE FOLLOWING IS CONSIDERED PERSONAL PROPERTY?
Correct Answer
C. An existing mortgage
Explanation
An existing mortgage is a piece of paper, and therefore, is considered personal property. An easement and mineral rights are appurtenances, and therefore, real property. Growing trees are real property.
32.
THE FOLLOWING IS LESS-THEN-FREEHOLD ESTATE
Correct Answer
B. Leasehold estate
Explanation
A less than freehold estate is a leasehold. Leases are “lesses”
33.
THE FOLLOWING IS NOT CLASSIFIED AS REAL PROPERTY
Correct Answer
D. Leasehold estate in residential property
Explanation
A leasehold estate is NOT real property, it is personal property often called a chattel real. It is a personal property chattel interest in real property. The other choices are all classified as real property.
34.
ALL OF THE FOLLOWING ARE FACTORS GENERALLY CONSIDERED WHEN DETERMINING WHETHER AN ITEM OF PERSONAL PROPERTY HAS BECOME REAL PROPERTY, EXCEPT:
Correct Answer
C. Cost of the article
Explanation
The five tests of a fixture are: Intention of person attaching it, method of attachment. Adaptability of the item, agreement of the parties, and relationship of the parties.
35.
A PROPERTY IS DEEDED TO JOJO LEGASPI, ET UX. THE LATIN pHRASE “ET UX” AS SO USED, MEANS
Correct Answer
C. And wife
Explanation
This is a definition of “ET UX”
36.
THE RECORDING OF A DEED:
Correct Answer
C. Raises a presumption of delivery
Explanation
When a deed is recorded, it creates a presumption that the deed has been delivered. It does not pass title, nor guarantee ownership, nor insure the new owner that he has possession of the property
37.
AN INSTRUMENT THAT TRANSFERS POSSESSION OF A REAL PROPERTY, BUT NOT TITLE, IS KNOWN AS:
Correct Answer
B. A lease
Explanation
A lease transfers the possession right of real property. The remainder of the rights stays vested in the lessor.
38.
AN OWNER WHO CONVEYS A PORTION OF HIS FEE ESTATE, FOR A TERM THAT IS LESS THAN HIS OWN, CREATES FOR THE RECIPIENT:
Correct Answer
D. A leasehold estate
Explanation
The party has not received full title to the property but mere a leasehold. The party making the conveyance holds an estate in reversion.
39.
THE COVENANT OF QUIET ENJOYMENT MOST DIRECTLY RELATES TO:
Correct Answer
C. Possession of real property
Explanation
The right to “quiet enjoyment” is the tenants legal rights in rentals and leases during the occupancy (possession) of the property.
40.
LEGALLY AND TECHNICALLY PROPERTY IS DEFINED AS:
Correct Answer
A. The rights and interests which a person has in the thing owned
Explanation
Ownership of real property is legally and technically defined as their right and interests of the thing owned
41.
THE FOLLOWING IS REAL PROPERTY, A:
Correct Answer
B. Bearing wall in a single family dwelling
Explanation
A bearing wall is a wall that is fixed and bears the weight of the structure. It is classified as real property. Choice “C” refers to a built-in refrigerator in a mobile home. The mobile home is personal property and the refrigerator attached to it is personal property. Choice “D” states a trade fixture can be removed, such as a meat case in a meat market. Trade fixtures are classified as personal property. Choice “A” refers to a harvested crop in the soil.
42.
A VALID DEED MUST CONTAIN:
Correct Answer
D. A granting clause
Explanation
The granting clause is referred to as the action clause and is considered one of the essential elements to a valid deed. Although the deed may contain the choices “A”. “B” and “C”, they are not needed to make the deed valid.
43.
THE PRINCIPAL DIFFERENCE BETWEEN REAL PROPERTY AND PERSONAL PROPERTY IS:
Correct Answer
A. Mobility
Explanation
The principal difference between real property and personal property is mobility. Real property refers to land and any structures permanently attached to it, such as buildings, while personal property refers to movable items that can be easily transported, such as furniture or vehicles. The key distinction is that real property is immovable, while personal property can be moved from one location to another.
44.
WHICH OF THE FOLLOWING DEEDS WOULD LEAST LIKELY CONTAIN IMPLIED COVENANTS BY THE GRANTOR:
Correct Answer
C. Quitclaim deed
Explanation
A quitclaim deed contains no warranties, guarantees, or covenants of any type.
45.
THE FOLLOWING IS REAL PROPERTY:
Correct Answer
A. Planted trees
Explanation
The chattel real is another name for a leasehold indicating it is personal property interest in the real property. Debts such as those evidenced by a note and deed of trust are personal property. Planted tress indicate the tree has been affixed to the land, therefore, it is real property.
46.
WHICH OF THE FOLLOWING IS PERSONAL PROPERTY?
Correct Answer
A. A sub-lease
Explanation
A sublease is personal property (personal property interest)
47.
PERSONAL PROPERTY PROVIDES DIFFICULTIES FOR REAL ESTATE BROKERS BECAUSE IS:
Correct Answer
D. All of the above
Explanation
This re-emphasizes a former question that personal property can be hypothecated, alienated and can become real property. It can be placed as security, sold and it can become a fixture when affixed to real property
48.
A JUDGEMENT THAT HAS BEEN RECORDED WOULD BE:
Correct Answer
A. An involuntary lien
Explanation
A judgment lien is an involuntary lien. If you placed a judgment lien on a person’s property, he certainly did not agree to that lien.
49.
THE BENEFICIARY OF A SECOND TRUST DEED SOLD HIS INTEREST IN THE PROPERTY FOR LESS THAN THE UNPAID BALANCE OF THE NOTE. THIS IS MOST COMMONLY DESCRIBED AS:
Correct Answer
C. Discounting
Explanation
This is a definition of discounting
50.
THE INSTRUMENT TO SECURE A LOAN ON PERSONAL PROPERTY IS CALLED A:
Correct Answer
A. Security agreement
Explanation
A security agreement is essentially a time payment contract on e\personal property such as: equipment, appliances, store inventory, etc. The terms of repayment differ among lenders. Like when retailers or distributors borrow large amounts from lenders or when retailers or distributors borrow amounts from lenders to buy merchandise, or stock, or inventory for “flooring” displays (i.e., cars, TV sets, appliances) the lender, for public notice, generally files a copy of the loan contract ( the security agreement) with the county recorder in the country where the personal property is located.