Question
Why is it important to have a title examination performed? What is the Bona Fide Purchaser for Value Rule. What is the difference between actual
- Why is it important to have a title examination performed?
- What is the Bona Fide Purchaser for Value Rule.
- What is the difference between actual and constructive notice?
- What are the three types of recording statutes, and how do they differ?
- What information is required to perform a title examination?
- What is the difference between a grantor and a grantee index?
- What information usually is given in an index entry for a grantor or grantee index?
- What should a title examiner look for when reviewing the recorded documents in a chain of title?
- What is a lis pendens? How is it used?
- What types of things should paralegals look for when reviewing a title examination report?
- How do you correct an error in a prior recorded deed?
- What are least five potential title problems (other than an error in a prior recorded deed), and explain how to solve them.
- Does the electronic recording of a real estate deed provide constructive notice of its contents and have the same effect as the recordation of the original paper deed?
- Joey has been using a road over his neighbor Steve's property the past 20 years. In the state where Joey and Steve live, the use of the road for 20 years by Joey give Joey a prescriptive easement. There are no written documents evidencing the easement. The road is plainly visible from an inspection of the property, and it is clear that the road serves as access to Joey's neighboring property. Steve sells his property to Annie and does not tell her about Joey's use of the road. Does Annie have constructive notice of Joey's easement to the use the road?
15. Monica owns a small apartment complex. At the time Monica purchased the apartment complex from Steve, she gave Steve a mortgage securing a debt for $100,000. The mortgage was mentioned in the recorded deed from Steve to Monica for the apartment complex, but the mortgage was not recorded. Monica sells the apartment complex to Joey. Monica does not tell Joey about the unrecorded Mortgage to Steve. After the sale of the apartment complex from Monica to Joey, is the mortgage held by Steve enforceable against the apartment complex? Why or why not?
16. Would it be easier to find a recorded mortgage from Annie Owner to Steve Seller by looking under Annie Owner's name in the grantor's index or by looking under Steve Seller's name in the grantee's index?
17. The purchaser and the seller have entered into a contract for the sale of real property. Before closing, the seller refuses to honor the contract and decides to sell the property to a third party. The purchaser files a civil action against the seller for breach of contract. In addition to filing a civil action, what else must the purchaser file to place other parties on notice of the lawsuit?
18. You are assisting an attorney in the closing of a real estate transaction. The seller of the property under the contract is known as Neil Patrick Harris. The title examination reveals that the title is currently owned by a N. Patrick Harris. What measures should you take to ensure that Neil Patrick Harris and N. Patrick Harris are one and the same person?
19. On March 1, 2006, Hannah sells a small parcel of land to Annie. The deed is signed and delivered to Annie on March 1, 2006, but Annie neglects to record the deed. Forgetting that she had sold the small parcel to Annie, Hannah sells the same parcel to Betty on March 1, 2011. Betty records her deed from Hannah on March 2, 2011. Betty is not aware that Hannah has previously sold the parcel to Annie.
In a state that has a race recording statute, who is considered the owner of the small parcel?
in a state with a race-notice recording statute, who is the owner?
20. You are a paralegal assisting an attorney in the closing of a real estate transaction. The client is the purchaser. The attorney gives you a copy of the title examination report an requests that you review the report and list of any title problems you see. You notice that the title report shows the record title owner to be someone different from the seller in the real estate contract. The title report also shows that a lis pendens has been filed involving a quiet title action and that the record title owner is a party to that action. Should these items be included in your list of problems?
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