Property+II +Practice+Final+Exam +DMoore | Easement | Mortgage Law

FINAL EXAM 1.

In what ways does the Fair Housing Act limit sellers of SF dwellings, provided such owner does not own more than 3 such dwellings at one time? A The seller may not discriminate on the grounds of marital status B The seller may not discriminate on the grounds of family status C The seller may not discriminate on the grounds of sexual preference D all of the above E none of the above 2. Mrs. Murphy owns one single-family dwelling. "In the local paper, she advertises as follows: "Home for sale, $85,000. See Mrs. Murphy at 219 Homestead Place." An African-American couple applies, and is rejected by Mrs. Murphy because of race. Which of the following is true? A Mrs. Murphy's conduct violates the Fair Housing Act. Mrs. Murphy's conduct violates the Civil Rights Act of 1866. Civil Rights Act of B 1866 (42 U.S.C. 1982) C Mrs. Murphy's conduct violates no law. D all of the above E none of the above 3. T1 is a Mexican-American who was told by R ("realtor") that a cooperative apartment in a 20-unit building was not available for purchase. An hour later, T asked his friend T2, who is Asian-American, to apply for a cooperative unit in the same building as a test. O told T2 that a cooperative unit was available. Under the Fair Housing Act, T1 should proceed with an action based on disparate impact. True or False? True False 4. A lender interviews a young married couple on a prospective loan. They have no children, and both are employed. The lender is permitted by law to inquire as to their childbearing intentions. True or False? True False 5. Default rules for the Statute of Frauds include which of the following? Where no closing date is specified in a real estate contract, the courts will A infer a "reasonable" time. Where the contract does not specify when possession shall pass from the B seller to the buyer, the court will infer a "reasonable" time. Where the contract does not specify a sales price, a court will infer a C "reasonable" price. D All of the above E None of the above.

1

C Buyers can refuse to close because the title is not insurable D All of the above E None of the above 9.5 Which of the following renders a title unmarketable? The presence of a hostile occupant who has possessed the land for longer than A the state of limitations on ejectment B Lack of legal access to the property from any public street C The presence of hazardous waste on the property D All of the above E None of the above 9. The devisees want the property. the Seller's devisees. Buyer has successfully avoided the "all cash at closing" default rule for real estate purchase. Buyer applies for a 9. B Buyers can refuse to close because record title has not been provided. Seller dies during the executory period. located partly on the property to be conveyed and partly A on adjoining property.6 Which of the following does not render a title unmarketable? A common driveway. not the money.75% interest rate mortgage loan and is turned down. which of the following is true? A Buyers can refuse to close because the title is not marketable. Buyer signs a sales contract with a "subject to financing" contingency clause that requires her to apply on or before the date specified for a mortgage loan with a 10% interest rate. The buyer also claims the property. Which of the following are exceptions to the Statute of Frauds? A part performance B equitable estoppel C neither a or b D both a and b 7. claim it as their own. securing a twenty-year loan. In a timely manner. taken out by the seller's predecessor in title. established by a written instrument B A public easement for electric utilities C A zoning ordinance restricting the property to single-family residential housing D All of the above E None of the above 2 . At a probate hearing.6. If the mortgage has not been discharged prior to closing. Who wins? A Buyer B Seller 9. to whom he willed the subject property. The preliminary title report shows a mortgage recorded ten years ago. True or false ? True False 8. offering to pay the proceeds to the Seller's estate.

Buyer moves to rescind. B conveys 3 . A conveys Blackacre to B for $20. C C wins. B conveys Blackacre to C for $15.000.000. forecloses on Blackacre and evicts C. Buyer moves to rescind.000. If the deed from B to C is a quitclaim deed. True or False? True False 11. a promise that the furnace is in good working order) do not survive the closing. C sues B for $15. X." At the final walk-through before closing.000. C wins. Buyer moves to rescind. B conveys Blackacre to C for $15. Which of the following is true? A C sues B for $15.10. without an "as is" clause. If the deed from B to C is a special warranty deed. A conveys Blackacre to B for $20.000 by quitclaim deed. Seller's promises in a sales contract regarding the physical condition of the property (say. If the deed from B to C is a general warranty deed. Termites attack the foundations of the house (for the first time) before closing. E None of the above. Buyer executes a sales contract promising to take the property "as is. 15. Who wins? A Buyer B Seller 14. C sues B for $15. Who wins? A Buyer B Seller 13. By special warranty deed. because of the doctrine of merger. By general warranty deed.000. True or false? True False 16.000." Termites attack the foundations of the house (for the first time) before closing. buyer discovers a structural defect in the foundation missed during the inspection before the contract was signed. C B wins. C sues A for $20. Buyer executes a sales contract. D All of the above. C wins.000. forecloses on Blackacre and evicts C. A conveys Blackacre to B for $20. mortgagee of A's predecessor in title. Who wins? A Buyer B Seller 12. Buyer executes a sales contract promising to take the property "as is. mortgagee of A's predecessor in title. X.000. By general warranty deed.

By general warranty deed.000 by quitclaim deed. X. True or false ? True False 18." B O acknowledges the deed before a notary public. she evicts C from Blackacre. A's predecessor in title. A's widow and co-tenant by the entireties.000. O executes a deed conveying Blackacre to A. forecloses on Blackacre and evicts C.000. O gives the deed to an escrow with instructions to deliver it to A at O's death. B conveys Blackacre to C for $15. True or false? True False 19.000 by quitclaim deed. X. mortgagee of A's predecessor in title. C wins. C sues A's estate for $15. A conveys Blackacre to B for $20. 21. Under which of the following circumstances has the deed not been delivered? A O hands the deed to A "for safekeeping.000. who did not sign the deed to B.000. O executes a deed conveying Blackacre to A. C sues A for $15. The statute of limitations on deed warranties is six years in the state. A conveys Blackacre to B for $20. The deed has been delivered. C wins. Which of the following is true? A B C If A conveyed Blackacre to B by general warranty deed.Blackacre to C for $15. If A conveyed Blackacre to B by quitclaim deed. The statute of limitations on deed warranties is six years in the state.000. B conveys Blackacre to C for $15. A's widow and co-tenant by the entireties. forecloses the mortgage and evicts C. 20. If A conveyed Blackacre to B by special warranty deed. sucessfully sues C to quiet title on Blackacre ten years later.000.000 by quitclaim deed. By general warranty deed.000 by quitclaim deed. W. sucessfully sues C to quiet title on Blackacre ten years later. The statute of limitations on actions for breach of a deed covenant guaranteeing quiet enjoyment is eight years. B conveys Blackacre to C for $15. True or 4 . holder of an unpaid mortgage made by Y. W. C will win a damages action against A even though the statute has run. True or false? True False 17. C will win a damages action against A's heirs even though the statute has run. C O records the deed. C will win a damages action against A even though the statute has run. C wins. C sues A's estate for $15. After W wins the quiet title suit. Ten years later. who did not sign the deed to B. A conveys Blackacre to B for $20. D All of the above E None of the above.

True or False? True False 23. Suppose an escrow agent absconds with the funds before the escrow closes. True or False? True False 28. because of the doctrine of merger. True or False? True False 27. True or False True False 24. acknowledgement. Which of these elements are NOT necessary for a deed to make a valid delivery of a property interest? A Type of deed B Words of conveyance C Date. a promise that the furnace is in good working order) do not survive the closing. A forged deed is voidable. O executes a deed conveying Blackacre to A "if he survives me. Escrow instructions relating to a land purchase must be in writing. Who bears the risk of loss. O executes a deed conveying Blackacre to A. The deed has been delivered. True or false? True False 25. Seller's promises regarding the physical condition of the property (say." The deed has been delivered. buyer or seller? A Buyer B Seller 26." O gives the deed to an escrow with instructions to deliver it to A at O's death. O gives the deed to an escrow with instructions to deliver it to A at O's death "unless I tell you otherwise before my death. Which of the following is true? A Rescission annuls the contract and returns the parties to their pre-contract position 5 . and/or recitation of valuable consideration D Signature of grantor and/or grantee E Property description 29.False? True False 22.

insurance and maintenance costs on the replacement home for the time between B's breach and the S's resale. True False 32. S refuses to fulfill his obligations under a contract to sell his home to B for for $300. Legal rescission is court ordered rescission based not on the breach of a specific contract provision but on grounds such as mistake. and seeks a refund of her $25. Seller has another buyer willing to pay $350. leaving the new one vacant.000 S can recover consequential damages for his gross costs in mortgage payments.000 damages.000. illegality. S can recover consequential damages for his gross costs in mortgage payments. insurance and maintenance costs on the original home for the time between B's breach and the S's resale.000. B is unable to fulfill her obligations under a contract to purchase S's home for $300. failure of consideration. S will likely agree to refund B's money pursuant to a rescission because the best case scenario for S is a 25. S later sells the home to another buyer at arms length for 240. Equitable rescission is a privately concluded agreement between the parties to terminate their contractual relationship. B taxes.000 deposit refunded.B C D E Mutual rescission is a court ordered contract termination. undue influence. All of the above None of the above 30.000. Which of the following is true? A S can recover actual ("expectation") damages of $60. or infringing the public interest. S remains in possession of the original home. S sells the home to another buyer for a year later for $ 500. B sues for $200. Who wins? A Buyer B Seller 33. True False 31. In which of the following cases are home sellers likely to sue breaching buyers for specific performance? A Real property values are rapidly increasing B The buyer has deep pockets C The current market value greatly exceeds the breached contract price for the property D All of the above E None of the above 6 . C taxes. D All of the above E None of the above 34.000.000 profit. two days after S purchased a new home. fraud. B refuses to fulfill her obligations under a contract to purchase S's home for $300.000.000.

as opposed to equitable remedies for breach of a real estate contract? A Specific performance B Damages C Vendor's lien D All of the above E None of the above 38. Which of the following is true? A property owner selling a property encumbered by a mortgage has A his debt discharged if the buyer assumes it. A lis pendens must be filed in the jurisdiction in which the lawsuit will commence. True or false? True False 42. Which of the following is false? 7 .35. True False 39. the borrower agrees to a foreclosure process. D All of the above E None of the above 41. Which of the following are legal. True False 36. Non-recourse provisions in a note mean the creditor is limited to foreclosing on the security property in the event of debtor default. It is usually preferable to assume a mortgage rather than take B property subject to a mortgage. C In a note. Which of the following are remedies available for breach of covenant of warranty in a deed? a real estate contract? A Specific performance B Damages C Vendor's lien D All of the above E None of the above 40. Filing a lis pendens does not legally prevent the sale of the property True False 37. Rescission seeks to place contracting parties in the position in which they would have been had the contract been fully performed.

Since power of sale foreclosure is simpler and faster than judicial B foreclosure. Which of the following is false? A A non-negotiable note is still assignable. D All of the above E None of the above 46. C Foreclosure terminates the debtor's right of statutory redemption.000 against XYZ. True or false? True False 48. purchases property worth $1. now worth $900. A holder in due course takes a negotiable note free of "personal" defenses such as "fraud in the factum. a lender has no reason to take the judicial route. True or false? True False 47. and OneBank purchases the property. "Fair value" Antideficiency statutes give the debtor credit for the value fetched at the foreclosure sale or "fair market value" as determined by a jury." True or false? True False 44.A B C D E The borrower and the mortgagor must be the same person. In a "fair value" state. for $750.000 through a judicial foreclosure sale. whichever is less.000.000. debtor XYZ Co. Which of the following is true? A OneBank can recover a deficiency of $250. 8 . B OneBank can recover a deficiency of $100.000. XYZ defaults. with a $1 million loan from OneBank. When another has paid one's debt we say the debt is redeemed. All of the above None of the above 43.000 against XYZ C If XYZ redeems the property it must pay OneBank $900.250. A note cannot be recorded in the Recorder of Deeds office. Even though mortgages may contain promises other than B promises to unconditionally repay money C Both of the above D None of the above 45. In the majority of states that have redemption statutes. a debtor redeems his property from foreclosure by paying the outstanding amount on his note. Which of the following is true? A "Strict" foreclosure means a forced sale of the security property.

B. After C's conveyance. who has actual knowledge of B's claim. B and C record. A. Day 3: C records Day 4: B records Day 5: C conveys to D. 9 . D wins in all recording act jurisdictions. Which of the following is true? After C's conveyance. E None of the above 52. O conveys Blackacre to A. and delivered. reads: "A deed concerning lands or tenements shall. B. None of them record. Which of the following statements is true? A Under a notice statute C owns Blackacre. B wins A under none of the recording act statutes. Day 1: A conveys to B. in that order. B wins under B race-notice and notice statutes. C In a race-notice state. D All of the above. 153 (1998): PRIORITY OF DEED CONCERNING LANDS OR TENEMENTS. B Under a race-notice statute. SECT. and C in that order. D All of the above E None of the above 51. There is no recording act statute under which B C wins. Which of the following statements is true? A A wins title in all states. B and C are BFPs for value and without notice.D E All of the above None of the above 49. B and C are BFPs for value and without actual notice. A owns Blackacre. CODE ANN. O conveys Blackacre to A. 25 DEL. B and C record. Assume both B and C are BFPS for value and without notice. A and B are each BFPs for value and without actual notice. Next. have priority from the time that it is recorded in the proper office without respect to the time that it was signed. A." What kind or recording act does Delaware have? A Race B Notice C Race-notice 53. A records. Day 2: A conveys to C. B wins title. True or False? True False 50. Race statutes do not change common-law priorities. and C in that order. in that order. True or false? True False 54. B In a notice state. B wins title. sealed. then to B. O conveys Blackacre to A. then B.

A forged deed can be cured by a marketable title act. 10 . O contracts to sell Blackacre to A. A has the better right to Blackacre." True or false? True False 59.C D Both of the above. not recorded. True or False? True False 58. True or false? True False 60. O deeds Blackacre to B for valuable consideration. but not the holder of warranty deed? A Protection against deeds in the chain of title that are invalid because of forgery. A deed valid between the parties. whether or not the deed is recorded. None of the above. Protection against losses in value to the property due to disturbances in quiet C enjoyment short of an eviction D All of the above E None of the above 61. but not the holder of a title insurance policy? A Protection that runs with the land Protection against deeds missed because of mis-indexing or failure to index by B the Recorder of Deeds. A forged deed generally creates no rights in the holder. 55. B is unaware of the contract with A. True or False? True False 56. True or False? True False 57. Later. A forged deed will grant an adverse possessor special rights under "color of title. conveys no legal interest. The holder of a title insurance policy must be evicted before bringing a claim against the title insurer. Which of the following protections are available to the holder of a warranty deed. If neither A or B records. Which of the following protections are available to the holder of a title insurance policy. True or false? True False 62.

Blackacre. True or False? True False 70. incompetence. A license and an easement in gross are similar in that neither is a possessory interest. In the future. or improper execution Protection against deeds missed because of mis-indexing or failure to index by the Recorder of Deeds. Both of the above None of the above 63. A grants B the right to drive from a public road onto A's property. An easement by reservation creates a new easement that did not exist before. A revokes B's parking privileges. The owner of a landlocked parcel has the right to an easement across the land of his or her neighbor in order to access the nearest public road. If B wins. An easement in gross does not have a dominant tenement. True or False? True False 67. B has an easement. A grants B the right to enter upon A's estate. True or False? True False 64. it is because he has which type of right? A easement implied from prior continuous use. Permission from the owner of the servient tenement makes it impossible to secure an easement by prescription. to park his car. B paves a driveway from the road to the designated parking space. An easement by exception excludes from a grant some pre-existing right which encumbers the grantor's title. True or False? True False 65.B C D duress. B easement by prescription C irrevocable license 68. to regularly remove timber. True or false? True False 69. B brings an action in trespass to restore his privileges. Blackacre. True or False? True 11 . True or false? True False 66.

Which of the following is true? A negative easement permits the owner of the dominant tenement to restrain the A servient owner' use of the servient land. a small access way opened from A's remaining parcel to another public road. B A has an easement across Lot 1. C Both of the above. standing in the middle of the other four. B A has an easement implied because of necessity. numbered 1 through 5. This new route is not as convenient for A as the driveway. 72. which were purchased in that order from O. A. which of the following is true? An easement reserved by implication from prior use requires a showing that the A easement is strictly necessary An easement reserved by implication for necessity requires a showing that the B easement is strictly necessary. A owns 5 adjoining tracts of land. D Neither of the above. Lot five is landlocked. Parcels 1 and 2 have access to a public road on the north. parcels 3 and 4 have access to a public road on the south. which theory would you advise him to pursue? A A has an easement implied because of prior use. owner of Blackacre. If you were A's lawyer.S. Which of the following statements is true? A A has an easement across Lot 4. consistently used a driveway path from one end of his property to a through road. C O had an easement across Lot 4 that has been extinguished. In a majority of modern U.False 71. An easement can be created by which of the following methods? A grant B implication C prescription D all of the above E none of the above 75. C Both of the above D Neither of the above 12 . landlocking his own parcel by selling the parcel abutting the road to B. C Both of the above D None of the above 74. A negative easement grants the owner of the dominant tenement power to do B something on the servient land. jurisdictions. He later subdivided Blackacre. D All of the above E None of the above 73. Subsequent to the sale.

which B occupies. B transfers his interest in Blackacre to C.76. proceeds to open a drugstore on Blackacre. B B occupied Blackacre as A's grantee in fee. D all of the above E none of the above 79. True or False? True False 78. D all of the above E none of the above 13 . An adverse possessor is in vertical privity with the title-holder whom he has ousted. C B occupied Blackacre as A's tenant and B sublet Blackacre to C. shall only be used for residential purposes. proceeds to open a drugstore on Blackacre. A and B record their agreement in writing that Blackacre. owner of the dominant tenement seeks to increase the intensity of his or her use B of an easement by subdividing the the dominant tenement. under which circumstance is B not liable to A in damages for breach of the covenant? A B occupied Blackacre as A's tenant and B assigned his tenancy to C. If C. with notice of the agreement. B transfers his interest in Blackacre to C. under which circumstance is C not liable to A in damages for breach of the covenant? A B occupied Blackacre as A's tenant and B assigned his tenancy to C. A and B record their agreement in writing that Blackacre. and B conveyed his fee interest to C. Easements can be terminated only by merger. and B conveyed his fee interest to C. with notice of the agreement. release. In which of the following cases is a court least likely to award damages in a lawsuit by the servient owner? owner of the dominant tenement seeks to extend the use of an easement to his or A her adjoining property. shall only be used for residential purposes. or estoppel. An easement acquired by prescription can be used as liberally as one acquired by grant. D all of the above E none of the above 81. If C. True or false? True False 80. which B occupies. True or False? True False 77. C B occupied Blackacre as A's tenant and B sublet Blackacre to C. B B occupied Blackacre as A's grantee in fee. owner of the servient tenement seeks to change the physical location of an C easement on the servient land.

Each parcel is conveyed by a recorded warranty deed which contains a covenant restricting use of the parcel to single-family residences. will the indicated plaintiff not have the ability to enjoin the designated defendant from breaching the covenant? A A sues B 14 . Easements. C. In which of the following cases. which he conveys to B.82. C. in that order. True or False? True False 84. creates a subdivision with four parcels. A cannot enjoin C from breaching the covenant. and E. McLean. C is an ordinary business purchaser of Blackacre who was told of the covenant C by a third party. B occupies Blackacre as A's tenant. shall only be used for residential purposes. True or false? True False 83. B sues C for damages. D. can arise by implication. For either the benefit or the burden of an equitable servitude to run with the land. under the rule in Sanborn v. B C is an ordinary business purchaser of Blackacre. B sublets Blackacre to C. a developer. A and B agree in writing. Assume A. D all of the above E none of the above 85. C builds an addition to his house and leases the addition to another family. C will win the lawsuit. Each parcel was conveyed by a recorded warranty deed containing a covenant restricting use of the parcel to single-family residences. but do not record their agreement that Blackacre. B transfers his interest in Blackacre to C. and E. both horizontal and vertical privity of estate are required. A and B record their agreement in writing that Blackacre. which B occupies. C. proceeds to open a drugstore on Blackacre. shall only be used for residential purposes.True or False? True False 86. in violation of the covenant. which B occupies. which he conveyed to B. True or False? True False 87. subdivided his land into four parcels. If C proceeds to open a drugstore on Blackacre. Assume A. in that order. D. under which circumstance is C not liable to be enjoined by A from breaching the covenant? C is a nonprofit organization that received Blackacre from B as a charitable A donation. with notice of the agreement. a developer. but not real covenants.

map amendment 94. racially restrictive covenants can still be enforced by damage remedies. Covenants can lose their enforceability only through abandonment. A owns Blackacre. True or False? True False 91. True or False? True False 90. waiver. at the border. There has been no development in the vicinity.B C D E B sues C E sues D all of the above none of the above 88. owner of one of the parcels. Kraemer. True or False? True False 92. For which of the following could B. He wishes to build a small convenience store on the lot. After Shelley v. The deeds to each parcel in the subdivision restrict their use to single-family residential purposes. Easements created by grant can lose their enforceability because of changed conditions. A develops a subdivision on land zoned commercial under a cumulative zoning ordinance. which is across the street from a commercial zone. estoppel. True or False? True False 89.text amendment G rezoning -. Which type of "zoning form of action" should A pursue? A nonconforming use B special exception C area variance D use variance E direct attack on the ordinance F rezoning -. Was the zoning ordinance upheld in Euclid cumulative zoning or noncumulative zoning? A cumulative zoning B non-cumulative zoning 93. or acquiescence in breaches. which is a lot situated in a residential zone. use his property? A single-family home 15 . The covenant in Shelley v. Kraemer would violate the Fair Housing Act even in the absence of state action.

at the border. which is across the street from a commercial zone. while judicial action results in the formulation of policy. To which of these are courts most likely to show hostility? A Amortization B Prohibiting expansion and change of nonconforming use 97. In PA Northwest v. Resort to a referendum in zoning procedures bypasses zoning and planning procedures. A owns Blackacre. True or false? True False 16 . which is a lot situated in a residential zone. Which type of "zoning form of action" should A pursue? A nonconforming use B special exception C use variance D All of the above E None of the above 98.B C D E drugstore small electronics assembly plant all of the above none of the above 95. Distinguish between amortization of a nonconforming use and prohibiting a nonconforming use's expansion and change. while a call for an initiative comes only after these procedures are completed. Legislative action results in the application of policy. Which of the following serve to distinguish between a variance and a special exception? A the "negative" criteria B The variance requires a showing of unnecessary hardship The special exception is an administratively authorized departure from the terms C of the ordinance. or could he have gone directly into court? A appeal the zoning officer's decision B go directly into court 96. He wishes to build a small convenience store on the lot. D all of the above E none of one above 99. True or false? True False 100. ZBA was it necessary for plaintiff to appeal the zoning officer's decision to the ZBA.

Sign up to vote on this title
UsefulNot useful

Master Your Semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master Your Semester with a Special Offer from Scribd & The New York Times

Cancel anytime.