Which of the following options describes a subordination agreement?
An agreement between a contractor and any subcontractors
An agreement between a landowner and a contractor
An agreement between the court and landowner to decrease property taxes
An agreement between two lien holders to modify the order of lien priority
How is priority determined in cases where more than one judgment lien is filed against a property?
The government has priority, followed by whoever is owed the most next.
Whoever filed their claim first receives priority.
Whoever is owed the most money has priority.
Whoever paid to receive priority service at the county clerk’s office.
Under which of the following circumstances would a mechanic’s lien be attached to a property?
The court has determined that the owner must pay for damages from a civil court case.
The owner fails to pay his homeowners association dues.
The owner fails to pay his property taxes.
The owner fails to pay the builder who added an extra bedroom to the house.
Karen’s house was recently foreclosed on to pay off a lien on her home. What happens to any extra money after the lien and expenses of the sale are paid?
It goes to Karen.
It’s given to a local government-approved charity.
The bank receives the rest as compensation.
The state government receives the extra funds.
Which of the following defines the term ‘lis pendens’?
A legal notice that a lawsuit is pending that affects the title of a property
A legal term that means “it depends” and requires a certain minimum sales price of the property.
A notice that notifies potential buyers of a pending lease
A public listing and notice of foreclosure of a property.
What’s the definition of a judgment lien?
An involuntary lien due to a court decree resulting from a lawsuit
An involuntary lien placed on all of the property received by a deceased person’s heirs
An involuntary lien placed on a person’s estate after his or her death if there are unpaid debts to creditors
A voluntary lien against a single property that uses the property as collateral for repayment of a loan
Which of these scenarios describes a voluntary lien?
Ruby hasn’t paid her property tax, so the state put a tax lien on her home.
Sam hasn’t paid the general contractor for the new deck he built on Sam’s house, so the contractor put a mechanic’s lien on Sam’s property.
Sharon purchased a condo and now the lender has a mortgage lien on the property.
The court ordered Bob to pay his debt to Leo and placed a judgment lien on Bob’s property when he couldn’t pay.
Dorcas and Ralph were married for 15 years. Ralph, an accountant, always took care of the bills and other financial matters for the couple. Then Dorcas discovered that Ralph had failed to pay the property tax on their property for the last three years. Which of these is likely to happen?
Dorcas and Ralph will be required to sell their home to the state for the amount of property tax owed.
The state will place a condemnation order on their property so they can’t transfer their property until the debt is satisfied.
The state will place a mortgage lien on their home for the amount of property tax owed.
The state will place a tax lien on their property so it can’t be transferred without satisfying the debt.
April owes money to quite a few people after a round of court-ordered judgment liens were placed on her property. Can you determine who would get paid first?
Alycea filed at the end of June and was awarded $50,000.
Bob filed in May and was awarded $85,000.
Frank filed in February and was awarded $10,000.
Sarah filed in March and was awarded $15,000.
What type of lien is defined as an involuntary lien placed on all of the property received by a deceased person’s heirs?
Estate/inheritance lien
Income tax lien
Judgment lien
Mortgage lien
Which of the following defines an income tax lien?
Involuntary lien placed against a property owner’s property due to a court decree resulting from a lawsuit.
Involuntary lien placed against a property owner’s property for due and unpaid taxes
Involuntary lien placed on all property inherited by a deceased person’s heirs.
Voluntary lien against a single property that uses the property as collateral for repayment of a loan.
What’s it called when lien holders allow another lien holder’s claim to have priority over their own?
Equitable lien
Lis pendens
Subordination agreement
Voluntary lien
What would happen if you bought a house and later found out that there were unpaid liens against the property?
Nothing. The former owner owes the money on the liens.
The lien claimants would lose their liens against your property.
The unpaid liens could trigger a foreclosure on your property.
You would have to assume a loan to pay off the liens.
Which of these scenarios describes a voluntary specific lien?
The court placed a lien on the property Marge inherited upon Homer’s death.
The IRS placed a lien on Lisa’s property when she failed to pay her income taxes.
When Jack and Jill refused to pay the roofing contractor, he placed a lien on their property.
When Rob and Sue bought their house using a mortgage, the lender put a lien on the property.
What type of individual’s property is affected by a general lien?
All real property and personal property
One specific property
Only personal property, not real property
Only real property and not personal property
Which of these statements is NOT true about a specific lien?
It may allow the creditor to sell the property through a court sale (foreclosure) and be repaid from the proceeds of the sale.
It prevents the debtor from transferring the property until the debt has been repaid.
It’s a lien against a single property rather than a person.
It’s always involuntary.
Joshua won his lawsuit against Savannah. The judge awarded him $30,000. Savannah was unable to pay, so the court placed a ______ on her home.
Foreclosure action
Judgment lien
Lis pendens
Mortgage lien
What type of involuntary lien is placed on a person’s estate after their death if there are unpaid debts to creditors?
Deceased person’s debt lien
Estate/ inheritance tax lien
Mechanic’s lien
Real property tax lien
Which option describes a real property tax lien?
General and involuntary
General and voluntary
Specific and involuntary
Specific and voluntary
Daisy and her kids loved their new pool, but Daisy wasn’t so happy when she received notice that the general contractor who poured the concrete had placed a lien on her home. Daisy went through her records and discovered that she had never paid the general contractor. What’s true about this situation?
Daisy can now place a lien on the general contractor’s property.
The lien is illegal.
This is a legal judgment lien.
This is a legal mechanic’s lien.
What happens after a foreclosure if there isn’t enough money from the sale to pay off all of the lien holders against a property?
All claims are void if there isn’t enough money after the foreclosure sale of the property.
The former owner may owe a debt to lien holders who aren’t fully paid.
The former owner’s wages will be garnished for the remainder of what’s owed.
The lien holders must refile on the former owner’s next property.
What makes an income tax lien different from a property tax lien?
An income tax lien has priority over a property tax lien and will be paid first upon foreclosure.
An income tax lien is a general lien and a property tax lien is a specific lien.
An income tax lien is placed by the federal government and a property tax lien is placed by the state.
An income tax lien is voluntary and a property tax lien is involuntary.
Rhonda hasn’t paid her HOA dues in two years. Her attorney recently informed her that her state grants HOA-related liens a super lien status. What does this mean?
The HOA can collect twice the amount of the money that she owes.
The HOA lien takes priority over all other liens.
The HOA must involve an administrative law judge in order to collect.
The lien can be attached to both her real and personal property.
10sect.unit1.CeSh.PreLic.Qonly.txt
When measuring elevations, what is used instead of a point of beginning?
Datum
Equator
Monument
Sea level
A buyer looked at the legal description of the property they were interested in purchasing. They read the following: “Beginning at the corner of State Route 61 and Hallowell Road, north for 314 feet, then southwest for 193 feet.” In this description, what does “north for 314 feet” represent?
A benchmark
A bound
A mete
A monument
Jamie wants to find the legal description for a property. What’s her best bet?
County recorder’s office, registry of deeds, or a title company
Motor vehicle department
Neighborhood notice
Real estate flyer
A surveyor created a lot and block survey for a new residential development. What type of description was referenced during the first step of surveying the new neighborhood?
Map
Metes and bounds description
Monument
Plat book
A buyer is looking at the legal description on their purchase contract. It mentions that the plat of her property is recorded in Map Book 12, page 14, at the county courthouse. What type of legal description is this?
Lot and block
Metes and bounds
Monument and benchmark
Rectangular government survey
“Beginning at a stake and stones about 30 feet from the center of the brook that runs across the road Southwesterly from the dwelling house of the late Henry Nelson …” is an example of what type of legal description?
Benchmark
Lot and block
Metes and bounds
Rectangular
Which of the following is the least specific method for describing a property?
Lot and block description
Metes and bounds description
Rectangular survey system description
Street address
Which of the following methods of land description uses precise locations, distances, and compass directions to describe property boundaries?
Geographic coordinates
Lot and block
Metes and bounds
Rectangular government survey system
Which legal description method is regulated by the U.S. Department of the Interior’s Bureau of Land Management?
Governmental
Lot and block
Metes and bounds
Rectangular government survey
A buyer knows the postal address of the property they’re purchasing but are wondering about the legal description of the property. Where is the most likely place to find the legal description?
Deed
HOA covenant
Home warranty
Listing agreement
A surveyor works with a township divided into 36 sections, each one square mile in size. Which land description method is the surveyor using?
Lot and block
Metes and bounds
Plat reference system
Rectangular government survey system
What is a bound?
A line that runs east to west
A line that runs north to south
A physical feature that defines the boundaries of the land
The direction and distance of a line forming the boundary of a property
What is a principal meridian?
An east-west line used as a reference point in the rectangular survey system
A north-south line used as a reference point in the rectangular survey system
The center-most section identified in the rectangular survey system
The center-most township identified in the rectangular survey system
In the rectangular survey system, what is a base line?
An east-west line used as a reference point
A north-south line used as a reference point
The center-most section identified
The center-most township identified
How does a survey benefit a property buyer?
It assesses the property’s market value for negotiation purposes.
It confirms the property is free from environmental contamination.
It confirms the property’s zoning classification aligns with the buyer’s intended use.
It provides a detailed measurement of the property boundaries and identifies any encroachments.
The process of determining the location, size, and boundaries of a parcel of property is called ______.
Platting
Subdividing
Surveying
Title searching
A land surveyor was called out to survey a property. After doing some research, they located the legal description for the property in question. Now, if they could just find the point of beginning located at the iron pin on the southerly line of state route 117, 30 feet east of the oak tree next to Bear Creek. What type of legal description is the surveyor working with?
Benchmark
Datum
Metes and bounds
Rectangular government survey
A registered land surveyor is preparing a plat map that will show elevations and boundaries for a multi-level condominium complex. What is used as a reference point for measuring elevation?
Datum
Monument
Point of beginning
Sea level
Which of the following is the best definition of a township?
A 36-square-mile square formed when using the rectangular survey system
A one-square-mile square formed when using the rectangular survey system
A permanent reference point used in the measurement of elevations
The point of beginning used in a metes and bounds survey
Cheri wants to find the legal description for her property. Where could she look?
At a deed
In a history book
In a phone book
On a piece of mail
When looking at a rectangular survey system map, where would Section 36 be located?
The exact center of the township
The northeastern-most section of the township
The southeastern-most section of the township
The southwestern-most section of the township
Who is responsible for locating and representing real property as described in a deed?
Attorney
Developer
Land surveyor
Real estate agent
Which of these may have been used as a point of beginning in the metes and bounds system?
A fence post
All of these
An iron stake
A pine tree
In the lot and block system, how are individual parcels identified?
By coordinates
By distances and landmarks
By letters or numbers
By using compass directions
What is a plat map?
A detailed map of a subdivision that includes boundaries, measurements, and distances between points
A diagram showing the layout of utility lines and public infrastructure beneath a plot of land
A graphical representation of a town’s historical landmarks and cultural sites
A map tax assessors use when determining the value of a property
If the land is described as “Beginning at the great oak 60 yards from the center of the Rock River that runs north to south through the county,” what type of legal description is being used?
Lot and block
Metes and bounds
Monument system
Rectangular survey system
Travis is a new real estate licensee and is writing up his first offer to purchase for his buyer clients. Which of these statements is true?
Real estate licensees don’t have access to legal descriptions.
Travis should include the legal description in the offer, because it provides a complete description of the property.
Travis should not include the legal description on the offer to purchase, but he should include the address.
Travis shouldn’t write up the offer to purchase; the client should.
A homebuyer is reading through paperwork related to their upcoming home purchase when they come across the following: “Southwest quarter of Southwest quarter (SW ¼ of SW ¼) and West Half of Southeast quarter of Southwest quarter (W½ SE¼ SW¼) of Section Eleven (11), Township Four (4) North of Range Eight (8) West.” What did the homeowner find?
Legal description
Mortgage clause
Quitclaim deed
Tax description
What does the metes and bounds system use to develop a property’s legal description?
Compass headings and directions
Plat references
Principal meridians and base lines
Townships and sections
What’s a datum?
An iron pin or other permanent marker used in metes and bounds descriptions
A point indicating a location is at sea level
A point, surface, or line used as a reference for measuring elevations
The center of a township
Kellan and Stacy are in the midst of a property dispute. Each party has a legal description and survey that show conflicting boundaries between their properties. What may be the best way to resolve this dispute?
One property owner can sell their property to the other.
They must agree between themselves where the true boundary lies.
They must take the dispute to court.
They should each hire a land surveyor to determine the boundary.
Why is it important that the legal description appears in real estate documents?
It defines the duties an agent owes a client.
It details the terms for a lease.
It outlines all of the terms of a real estate purchase.
It precisely locates the property and its boundaries.
A surveyor created a lot and block survey for a new residential development. The first thing done when surveying the new neighborhood was to reference a metes and bounds land description. From there, the land was divided into numbered lots and blocks. This output is known as a ______.
Benchmark
Monument
Plat map
Rectangular survey
How are sections and townships related to one another within the rectangular government survey system?
Sections are divided into townships.
Townships and sections are opposites.
Townships and sections are synonyms.
Townships are divided into sections.
Absent a legal description, what are other ways to identify a property?
A legal description is the only way to identify a property
Family photos
Satellite imagery
Street addresses and tax map personal identification numbers
Which of the following statements related to condominiums and surveys is true?
All states require that land used for condominiums be surveyed by a registered land surveyor and that a plat map be prepared to show the elevations of the floor and ceiling boundaries, as well as the vertical boundaries of each unit.
Condominiums are not required to be surveyed.
Multi-level condominium units cannot be surveyed.
Only the ground floor of a condominium unit is surveyed.
Which type of survey system is also known as the public land survey system (PLSS)?
Address and zip code
Lot and block
Metes and bounds
Rectangular survey
Two neighbors are arguing over their shared lot line. One neighbor thinks that the other planted a privet hedge on their property. A civil legal action was filed by one neighbor against the other. Which of these would the court use to determine the actual lot line?
Aerial photographs
An affidavit from a surveyor
Legal descriptions of both properties
Testimony from long-time neighbors
A buyer is interested in a piece of property but is curious about its exact legal description. What’s one of the best ways to find this information?
Ask neighbors where the property boundaries are.
Look for the point of beginning.
Look up the latitude and longitude coordinates of the property on Google Maps.
Reference a previous property deed.
A buyer is interested in purchasing a piece of property, but before doing so, they’d like to verify the accuracy of the legal description. Which of these options will accomplish this?
Having a home inspection performed
Having an appraisal performed
Having a survey conducted
Looking up the property on Google Earth
Which type of legal description do courts prefer?
Benchmark
Lot and block
Metes and bounds
Rectangular government survey
How large is a section used in the rectangular survey system?
640 acres
640 miles
640 square feet
One acre
Pamela inherited a piece of property that has been in her family for generations. She wants to find the property’s exact boundaries. What should contain this information?
A fence company’s records
A legal description of the property
A satellite image of the property
Old family photos of the property
Which entity decides the matter when two different legal descriptions conflict?
Appraisers
Land surveyors
The courts
The property owners
Which land description method would most likely be used for a newly developed suburban neighborhood?
Lot and block
Metes and bounds
Rectangular government survey system
Township and section
A drawing prepared by a surveyor showing the layout and location of a tract of land, including boundaries, designations of lots and blocks, and names of streets, is called a ______.
Metes and bounds description
Plat
Rectangular survey
Topographical map
A legal description includes a reference to a plat map and lot number. Which method of land description is being used?
Lot and block
Metes and bounds
Plat reference system
Rectangular government survey system
In the rectangle government survey system, what is a section?
A 36-square-mile square formed in the use of the rectangular survey system
A one-square-mile square formed in the use of the rectangular survey system
A permanent reference point used in the measurement of elevations
The point of beginning used in a metes and bounds survey
A professional, on-site measurement of the lot lines and dimensions of a property is known as ______.
An abstract
An appraisal
An inspection
A survey
When might a metes and bounds description be included in addition to a lot and block description?
When additional precision is needed
When describing a small urban parcel
When the property is in a rural area
When the property is part of a government survey
Which of the following is a key consideration and starting reference for a metes and bounds description?
Base line
Benchmark
Point of beginning
Principal meridian
What must be approved for the plat map to become part of the legal description?
The county recorder
The local zoning board
The property owner
The subdivision plat
Related to the legal description of land, what is a monument?
43,560 square feet
A permanent land marker sometimes used in legal descriptions
A point from which elevations are measured
The subdivision of air above the land
What information is used in a lot and block legal description to identify the property?
County and township name
Plat book and page number
Street name and number
Zip code and state
How is the grid used in the rectangular survey system laid out?
The numbers are read left to right.
The numbers are read right to left.
The numbers start in the center and spiral out clockwise.
The numbers start in the northeastern corner and follow a zigzag pattern.