There are no criminal penalties for violations of RESPA deposit requirements.
The Torrens system requires registration of title.
A street address is a sufficient legal description.
Reverse mortgages allow retired homeowners to use the equity in the home until their
home is sold upon the homeowners’ death.
The 2009 RESPA reforms shortened the length of the GFE.
The Clean Air Act does not carry criminal penalties.
Zoning restrictions on religious organizations are subject to strict scrutiny review.
Effluent guidelines are the same for all industries.
Water rights that were not disclosed by the seller affect marketable title.
A judgment can be recorded generally against all the debtor’s property.
A seller who has two outstanding counteroffers risks multiple acceptances.
An option that ends on December 31, 2012 cannot be accepted on January 1, 2013.
Signing a prenup at least a month before the wedding helps to get it recognized as valid.
Ann Fleming’s sprinkler system malfunctioned. As a result, the spray damaged her
neighbor’s car’s paint. Ann’s neighbor’s best remedy is
a. An action for nuisance
b. Recover for Riparian violation
c. An action for trespass
d. Ann’s neighbor has no legal remedy because it is an accident
Sally Swanson has opened a small bistro in Sedona, Arizona. The parking lot for her
restaurant is located right next to Oak Creek, a creek that often floods during the
summer rains. The result is that Sally loses one row of parking once the flooding
occurs, and the spaces are not available until the creek levels subside. Sedona is going
to build a structure along all Oak Creek adjoining properties to prevent the flooding.
The result will be that Sally will lose 3 to 4 of her parking spaces. Sally wants to know
where her rights can be found to challenge
a. Sally loses the spaces anyway, so Sedona is not doing anything that affects Sally’s
rights
b. Sally has protections under the Fifth Amendment of the U.S. Constitution
c. Eminent domain is an absolute government right
d. City ordinances will determine whether the city is taking Sally’s property through its
project
American Homes, Inc. has purchased property for the development of a planned
community near Tucson, Arizona. The property, near Mt. Lemon, is home to the
red-back grey squirrel, an endangered species. The Sierra Club wishes to object to the
construction and project.
a. The Sierra Club can bring suit under ESA.
b. Only the EPA has standing to bring suit under the ESA.
c. The ESA does not apply to private corporations such as American.
d. The suit can be brought under ESA only after the project begins and the squirrels are
affected.
A nonagent broker
a. Represents the seller
b. Represents the buyer and seller for closing purposes
c. Represents the buyer for purposes of negotiation
d. Represents both the buyer and the seller for purposes of drafting documents
The following language is part of a deed, ‘To A so long as no Germans are permitted to
live on the property.’ Such a restriction
a. Is valid because Germans are not a protected class
b. Is valid because it is a private restriction
c. Is valid because it is not a deed restriction but part of a grant of land
d. is unconstitutional
Wellpoint Homes has a closing pending with Fran Davis for the purchase of a new
condominium. Closing is scheduled for December 1. Wellpoint has delivered all the
documents for closing with the exception of the lien waivers the title company requires
for closing and issuing the title insurance policy. Fran has complied with all of her
requirements for closing. On November 22, Wellpoint had still not furnished the lien
waivers and the escrow agent for the closing embezzled all of the funds from her
pending closings, including Fran’s. The escrow agent is believed to be out of the
country and the money squirreled away in bank accounts around the world. Who
absorbs the loss?
a. Fran because the closing has not yet occurred and title has not passed
b. Wellpoint because Fran has complied with all of her conditions
c. Fran because she met all the requirements for the closing so her actions were
complete
d. Wellpoint because it was late in getting the lien waivers
What is the purpose of a preliminary notice?
a. To alert the property owner of improvements and the identity of the party providing
those improvements
b. This notice begins the process of lien foreclosure
c. The preliminary notice process has been declared unconstitutional
d. To serve the general contractor with notice from the subs that they have completed
their work
A bill of sale
a. Passes title to a fixture
b. Passes title to personal property
c. Is part of a deed
d. Both a and c
e. None of the above
Which of the following descriptions is inadequate?
a. “My house in Neville, Georgia”
b. “My farm in New England”
c. Lot 23 of Sierra Vista Estates, Plat #3, recorded at Pima County Recorders, Book No.
5, Page No. 221
d. a and b
e. a, b and c
Which of the following is the position of the NAR on the responsibility of agents to
disclose the presence of sex offenders in the area of the listed property?
a. NAR’s position is that such information should come exclusively from law
enforcement agencies
b. NAR’s position is the sellers and their brokers and agents should make every effort to
disclose whether there are sex offenders living in the area
c. It would be unconstitutional for a broker or agent to refuse to disclose information
about the presence of sex offenders
d. NAR’s position is that brokers and agents should do all necessary research and do full
disclosure
The Fair Housing Act
a. Does not regulate redlining
b. Is inapplicable to loan qualifications
c. Is inapplicable to appraisers
d. None of the above
With reference to #18, assume Mrs. Olaf is awarded access by a court, who is the
dominant tenant?
a. Chad
b. Mrs. Olaf
Premarital agreements on property distribution in the event of divorce
a. Are void as against public policy
b. Are recognized only in second marriages
c. Will not apply if there are children born to the marriage
d. None of the above
The town of Sedona has a zoning ordinance that prohibits lighted signs in store
windows. The zoning plan was written in order to maintain Sedona’s Western feel. Art
Walden operates a turquoise jewelry store in Sedona and has placed a 12′ x 6′ electric
sign in his window that reads ‘Open,’ which he lights when he is open for business. Art
has been served with a violation of the zoning law. Which of the following best
describes this situation?
a. The zoning prohibition on lighted signs is a violation of First Amendment rights of
the store owners
b. The prohibition on lighted signs is a form of a taking because the owners cannot
advertise their businesses
c. The zoning restriction will be upheld because of its purpose and limited scope
d. Commercial speech enjoys greater protection under zoning laws and cannot be
eliminated through absolute restrictions such as this
Which of the following properties are exempt from property taxation?
a. Federal lands
b. Residential properties
c. Non’‘profit organization lands
d. Both a and c
e. None of the above
Which of the following will be required to perform its function first in a city’s zoning
development?
a. The Board of Adjustment
b. The Planning Commission
c. The Building Inspector
d. None of the above
Special tax deferrals for installment sales
a. Are eliminated
b. Are limited to residential transactions
c. Are limited to the at’‘risk rules
d. None of the above
Pittsburgh Fuels (PF) has been drilling for oil near Lancaster, Pennsylvania. The wells
have been productive. Fred Deutsch, a farmer with land next to the PF drilling area, has
been able to detect a drill bit beneath the surface of his property. Farmer Deutsch
a. Has no legal means to stop the drilling beneath his property
b. Has no rights to the oil if Pennsylvania is a rule of capture state
c. Has no rights if Pennsylvania is a Riparian state
d. Can stop the drilling as a trespass
Wynona O’Brien owned a house located on the corner of Ash and Maple Streets in the
town of Meridian, Iowa. Ms. O’Brien had lived there all of her life, having inherited the
house from her parents when they passed away. The will of her father left the home to
Wynona’s mother with the language, ‘I leave my interest in our house to my wife’¦.’
When Wynona’s mother died, her will provided, ‘I leave our house to my daughter,
Wynona.’ Wynona made the following gift to the historical society, ‘I hereby convey the
O’Brien house to the Meridian Historical Society, reserving a life estate in our house for
me.’ Which of the following statements best describes the ownership positions of the
parties?
a. Wynona has a life estate and the Meridian Historical Society has a remainder
b. Wynona did not take good title to the home through her mother’s will
c. The historical society has full title to the property because there could be no
mistaking what property is meant by the grant
d. The description in the grant to the Meridian Historical Society is legally insufficient
Your neighbor has just informed you that a developer wishes to construct a 150’‘unit
apartment complex just behind both of your properties. Your neighbor thought the area
was zoned for single’‘family dwellings and is concerned about her property value and
the construction of the complex. What steps can be taken to challenge the construction?
Thomas Campbell and Bonnie Glenn owned the apartment building located at 102’“104
Bellevue Street, in the Dorchester section of Boston. Campbell was the day-to-day
manager, supervising any renovations and collecting the rents.
On April 2, 1987, a Boston police officer, after observing heavy foot traffic in the
building, made a drug-related raid and arrest in the building. Break-ins were common at
apartment no. 104-3. Following one of the break-ins, a different door was installed to
apartment no. 104-3. The door had a hollow ‘peephole’ below the traditional peephole
and two ‘two by fours’ were used to bar the inside of the door. After the new door was
installed, transactions could occur by having the buyer put money through the lower
peephole in the door. Drugs were pushed out the same hole to the buyer.
Campbell collected rents in the building. When he collected from apartment no. 104-3,
he would be met by different individuals who claimed to be the occupant’s cousin or
brother. Campbell was never able to see inside apartment no. 104-3. Three weeks after
the new door was installed, Detective Sherman Griffiths of the Boston Police
Department was shot and killed during the course of a raid on apartment no. 104-3. His
widow (plaintiff) brought suit against Campbell and Glenn for their negligence in the
operation and maintenance of their building. Are they liable? Griffiths v. Campbell, 679
N.E.2d 536 (Mass. 1997).
A subsequent PMSI creditor cannot take priority over a prior perfected PMSI creditor.
Suppose Tenant One is keeping a pet and pets are prohibited in the lease agreement.
What remedies does Jones have?
An electronic agreement can satisfy the requirements for a security agreement.
Deborah L. Furniss was the executrix and sole beneficiary of the estate of her mother,
Brenda E. Furniss, who owned a condominium at Coach Run Condominiums. With the
issues of managing her mother’s estate, Ms. Furniss failed to pay the association
$6,017.88 in common charges and assessments. The association brought an action to
foreclose on the Furniss unit. Discuss all the issues involved in foreclosure on such a
unit for nonpayment of fees.