(Ch. 12) Deeds

Question 1

1. Which of the following may prepare a deed?

(A) A real estate broker
(B) The grantor
(C) The granted
(D) A notary public

Answer 1

B

Although the deed may legally be prepared by the grantor, it should be prepared by an attorney.

Question 2

2. The grantor delivers a signed deed but the grantee’s name is omitted. The deed is:

(A) invalid when made but valid when grantee fills in his name
(B) invalid when made but valid when recorded
(C) valid if the deed is delivered to the grantee
(D) invalid

Answer 2

D

Such a deed can only be made valid by the grantor (or agent) filling in names.

Question 3

3. In a deed the grantee:

(A) must be of legal age
(B) must sign the deed
(C) must be of sound mind and memory
(D) must be named

Answer 3

D

The grantee can lack legal capacity and does not sign the deed

Question 4

4. Carol executives a deed of her farm to Betty. Carol keeps the deed in her safe deposit box. Upon her death, the box is opened and attached to the deed is a note to give the deed to Betty. Who has title to the farm?

(A) Betty
(B) Carol’s heirs
(C) The state
(D) Betty’s heirs

Answer 4

B

There was no delivery because Carol had control over the deed and did not give it irrevocably

Question 5

5. A quitclaim deed might be used to:

(A) remove a cloud on title
(B) remove an escrow
(C) terminate a lease
(D) evict a tenant

Answer 5

A

Such as an unreleased dower interest of a former owner’s wife.

Question 6

6. In which of the following deeds is it possible that the grantee may receive no ownership rights?

(A) Warranty deed
(B) Bargain and sale deed (CVG)
(C) Bargain and sale deed without covenants
(D) Quitclaim deed

Answer 6

D

Grantor makes no promises in a quitclaim

Question 7

7. A quitclaim deed transfer the interest of the:

(A) grantee
(B) Mortgagee
(C) grantor
(D) lesser

Answer 7

C

The quitclaim deed makes no warranties of ownership, only transfers any interest the grantor has.

Question 8

8. If there is an exception in a deed, it would be:

(A) for the benefit of the grantee
(B) for the benefits of the grantor
(C) related strictly to the legal description
(D) unconstitutional

Answer 8

B

Because the grantor is conveying his land “except” for a specific portion described in the deed

Question 9

9. In a deed, the buyer is referred to as the:

(A) grantee
(B) grantor
(C) vender
(D) vendor

Answer 9

A

In the contract, buyer is called “vendee.”

Question 10

10. The covenant in a deed which states that the grantor had full possession of the premises in Fee simple and had the right to convey the property is called the covenant of:

(A) seisin
(B) habendum
(C) recorded
(D) further assurance

Answer 10

A

A covenant in a General Warranty deed. It states that the grantor owns the property and has the right to sell it.

Question 11

11. I’m the transfer of real property, ownership changes hands when the deed is:

(A) signed
(B) delivered and accepted
(C) recorded
(D) notarized

Answer 11

B

Not when the deed is signed. The grantor may change his mind before delivery

Question 12

12. The clause which defines or limits the quantity of the estate being conveyed is the:

(A) partition clause
(B) revocation clause
(C) habendum clause
(D) reversion clause.

Answer 12

C

In the plain language deed, this clause says “Transfer of Ownership

Question 13

13. Which of the following is NOT necessary for the validity of a deed?

(A) Execution
(B) Delivery to grantee
(C) Recording the deed
(D) Designating the grantee

Answer 13

C

Recording only gives notice: it does not validate a deed

Question 14

14. A deed which limits the liability of the grantor to his or her own acts and all persons claiming by, through and under the grantor, is known as:

(A) special warranty deed
(B) general warranty deed
(C) quitclaim deed
(D) Deed of trust

Answer 14

A

Also called a CVG deed

Question 15

15. If the grantor delivers to the grantee a deed in which the name of the grantee has inadvertently been left out the deed is:

(A) invalid
(B) voidable
(C) valid
(D) forged

Answer 15

A

See explanation, Answer 2.

Question 16

16. Abraham sold his property to Ben. Ben did not record his deed. Abraham then sold the same property to Clara, a purchaser in good faith for value. Clara recorded her deed.

A) Clara has a good title to the property.
B) Ben has a title that is superior to the title of Clara
C) The conveyance to Clara is void
D) Ben does not have a cause of action against a Abraham

Answer 16

A

Because she recorded prior to Ben Abraham’s conveyance to Clara was fraudu lent. Therefore, Ben has a cause of action against Abraham.

Question 17

17. The covenant against encumbrances in a deed of conveyance warrants against the existence of all of the following undisclosed matters except:

A) mortgages against the land
B) judgement liens against the land
C) easements that adversely affect the land
D) zoning ordinances that limit the use of the land

Answer 17

D

zoning ordinances are not encumbrances.

Question 18

18. If a deed is not dated, acknowledged or recorded, it:

A) may be invalid because of these omissions
B) is void
C) may be revoked by the grantor
D) would not be invalid as between the parties because of these omissions

Answer 18

D

Date, acknowledgement and recording are customary and recommended, but not essential.

Question 19

19. To be valid, a deed:

A) must be acknowledged
B) must be recorded
C) must have a competent grantee
D) must have grantor’s signature

Answer 19

D

Acknowledgement and recording are recommended but are not essential to validity of deed. Grantor must be competent, but not required of grantee.

Question 20

20. Which of the following would NOT appear in a deed?

A) Acceleration clause
B) Habendum clause
C ) Granting clause
D) legal description

Answer 20

A

Acceleration clause appears in a mortgage

Question 21

21. To be valid a deed must:

A) name the buyer and seller
B) recite the date signed
C) be signed by buyer and seller
D) be recorded

Answer 21

A

Deed must name buyer and seller, but only seller must sign

Question 22

22. The deed that imposes the greatest liability on the grantor is the:

A) quitclaim deed
B) warranty deed
C) bargain and sale deed
D) special warranty deed

Answer 22

B

Because it contains covenants of title.

Question 23

23. The recording of the deed benefits which of the following?

A) Grantor
B) Grantee
C) Grantor’s creditors
D) Selling broker

Answer 23

B

Grantee (buyer) is protected by recording.

Question 24

24. Deeds may be prepared by:

A) any licensed real estate broker
B) an attorney or the owner of the property being conveyed
C) any knowledgeable person
D) an attorney in fact acting under authority from the grantee

Answer 24

B

Only an attorney or the property owner can legally prepare a deed

Question 25

25. The responsibility of recording a deed lies with: A) the grantor B) the grantee C) the mortgage D) the sale

Answer 25

B Grantor's attorney usually prepares deed, which is recorded by buyer's attorney after closing.

Question 26

26. The type of deed that warrants only that the grantor did not impair the title during his or her ownership expect as stated in the deed is the: A) warranty deed B) special warranty deed C) bargain and sale deed D) quitclaim

Answer 26

B This deed contains no warranty as to title defects prior to the grantor's ownership.

Question 27

27. Persons closing a real estate transaction required to report the names, social security numbers and amount of the transaction to the IRS. In New Jersey the PRIMARY filing responsibility falls in:

Answer 27

C After that, in this order; lender, seller's agent, buyer's agent.

Question 28

28. How man times can the same deed be use: A) Once B) Twice C) as offend mm D) if varies from state to start

Answer 28

A With each title transfer, a new deed is prepared

Question 29

29. In New Jersey a valid general warranty deed need NOT contain: A) a recital of consideration B) a written state of the warranties C) an execution by the grantee D) a granting clause

Answer 29

C Grantee never signs deed.

Question 30

30. If a deed conveys title to one person, the form of ownership being conveyed is: A) severalty B) joint tenancy C) tenancy D) Tenancy by the entirety

Answer 30

A Only one person named as grantee

Question 31

31. Which of the following is NOT necessary for a valid transfer of title to real estate? A) Competent grantee B) Grantor's signature C) Delivery of the deed D) Written deed

Answer 31

A Title can be conveyed to a minor, but not by a minor.

Question 32

32. An acknowledgment is taken by: A) the grantee B) the grantor C) Both of the above D) None of the above

Answer 32

D The acknowledgment is taken by an attorney, not public, judge, etc.