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FINC 371 Pre Test 2 (Peterson) Questions With Guaranteed Pass Solutions.

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Ch. 5 - Answer Deeds and Titles All RE contracts must be in ______ - Answer writing 6 Essential Elements of a Deed - Answer 1. Grantor [Giver] 2. Grantee [Receiver] 3. Consideration [something of economic value] 4. Legal Description [metes/bounds, plats, etc] 5. Signatures [once ...

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  • May 30, 2025
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FINC 371 Pre Test 2 (Peterson)
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Ch. 5 - Answer Deeds and Titles



All RE contracts must be in ______ - Answer writing



6 Essential Elements of a Deed - Answer 1. Grantor [Giver]

2. Grantee [Receiver]

3. Consideration [something of economic value]

4. Legal Description [metes/bounds, plats, etc]

5. Signatures [once have both, then it is considered executed]

6. Delivered [title not transferred UNTIL delivery to Grantee, filed with county]



Covenants vs Warranties - Answer Covenant: agreement or promise [4]



Warranty: guarantee statements are true [1]



4 Traditional Covenants: - Answer 1. Against Encumbrances [no other encumbrances than
ones disclosed]



2. Seisin or Ownership [assurance grantor is able to sell the RE]



3. Quiet Enjoyment [promise to protect rights for quiet enjoyment against anyone who might
claim title to property later]



4. Further Assurances [backup/prove you now own the property; requires seller to take
affirmative steps to cure any defects in title]



1 Traditional Warranty: - Answer 1. Warranty Forever [guarantee statements are true]

,-Grantor promises ALL 4 covenants and 1 warranty

-Grantor promises to DEFEND title conveyed



-> Owner takes responsibility



2. Special Warranty Deed [backing up for everything during present ownership] - Answer -
Limits warranties to events occurring DURING grantor's period of ownership

-does NOT protect prior encumbrances



3. Bargain & Sale Deed [aka "warranty deed w/o covenants"] - Answer -Implies grantor has
title to property and rights to convey it

-does NOT contain express covenants as to title validity



ex) used when bank selling title in an auction



4. Quitclaim Deed [worst protection] - Answer -Transfers any interest grantor may have in
property but does NOT imply grantor has any valid interest

-worst protection of all deeds



ex) most commonly used to clear defects in title to property



GOOD Title = - Answer -Marketable [Free and Clear of Claims]

-Insurable [Reputable Title]

-Perfect of Record [No defects in title]



Title Examination: - Answer Discovering Possible Defects



1. Title Opinion [lawyer statement] - Answer A statement by a lawyer summarizing findings by
a search that may relate to title



2. Title Insurance [policy providing protection @ time of title transfer] - Answer A policy that
insures the title received by grantee against any deficiencies that may have been in existence at
time title was transferred

, Video: Common Mistakes: - Answer 1. error in public records

2. unknown liens

3. missing heirs

4. forgeries

5. surveyor boundary issues



Title Abstract [does not require lawyer] - Answer -A written summary of chain of title of RE

-lawyer may hire a title abstract company to do research and then he will sign it to save time
and money



->summarization of title history



Torrens System [similar to a car title] - Answer -provides landowner with a title certificate
[British system]

-obtained through legal proceedings

-transferring title:

old: returned to registrar

new: issued to new owner



Ch. 6 - Answer Contracts and Title Closings



Necessary Elements to a Contract: - Answer 1. Offer

2. Acceptance

3. Consideration

4. Parties Capacity

5. Lawful Purpose



1. Offer - Answer -A statement that specifies position of the maker of offer [offeror]

-Receiving party = offeree

-> Offer becomes valid when contract is ACCEPTED by receiving party but has right to take back
BEFORE accepted

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