Quiz for Land conveyances

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Question 1
Multiple-choice

"… whose conveyance is first recorded" refers to?

Select the best answer

B - it's a race notice-statute

First in time, first in right

the right of redemption is gone

None - a deed only evidences title

Question 2
Multiple-choice

What covenants does a quitclaim deed contain?

Select the best answer

Land contract, and closing, where deed becomes the operative document.

Grantor physically or manually transfers the deed to the grantee

None - grantor isn't even promising that he has title to convey

Shelter rule, rule of the wild deed, rule of estoppel by deed

Question 3
Multiple-choice

What effect does destroying a deed have on title?

Select the best answer

None - a deed only evidences title

No, unless the shelter rule applies.

Yes - this plays into inquiry notice

LEAD - LAWFULLY EXECUTED AND DELIVERED

Question 4
Multiple-choice

Riparian doctrine

Select the best answer

Attorney fees, foreclosure expenses, accrued interest in <foreclosing> bank's lien

Grantor promises to defend grantee should there be lawful claims of title brought by others

Lack of consideration, fraud in the inducement, unconscionability, waiver, estoppel

Water belongs to those who own the land bordering the watercourse, known as riparians

Question 5
Multiple-choice

What are the two steps in a conveyance of real estate?

Select the best answer

Land contract, and closing, where deed becomes the operative document.

None - grantor isn't even promising that he has title to convey

Senior creditor may agree to subordinate its priority to a jr. creditor

O and B are personally liable. B is primarily liable, O is secondarily liable

Question 6
Multiple-choice

How are sale proceeds divided among mortgagees?

Select the best answer

Whether grantor had present intent to be bound, irrespective of whether the deed itself was literally handed over

Only if P can prove that because of D's actions, P's land would've collapsed even in its natural state

In order of priority; each claimant is entitled to satisfaction in full before a subordinated lienholder may take.

It results in the preservation of the party's claim, despite the foreclosure and sale - his mortgage remains on the land.

Question 7
Multiple-choice

Mortgage automatically follows

Select the best answer

A properly transferred note

The general warranty deed

Unambiguous description

Title and right to possess

Question 8
Multiple-choice

Race-notice statute

Select the best answer

By changing drainage or making any other changes/improvements on his land (in many courts - without causing unnecessary harm to others' land)

MAD FIFI4 (MATERIAL ALTERATION, DURESS, FRAUD IN THE FACTUM - lie about the instrument, INCAPICITY, ILLEGALITY, INFANCY, INSOLVENCY)

Any conveyance of an interest in land shall not be valid against any subsequent purchaser for value, without notice thereof, whose conveyance is first recorded.

B assumes no personal liability, but if recorded the mortgage sticks with the land - if O does not pay, the mortgage may be foreclosed

Question 9
Multiple-choice

What are other terms for a legal mortgage? (5)

Select the best answer

Debt, and a voluntary lien on debtor's land to back up or secure the debt

Note, deed of trust, mortgage deed, sale-leaseback, security interest in land

Covenant of seisin, covenant of right to convey, covenant against encumbrances

If B is a bona fide purchaser, B wins only if she records properly before A does

Question 10
Multiple-choice

Seller is on the hook for…

Select the best answer

Title and right to possess

At the instance of delivery

lies and material omissions

First in time, first in right

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