with Guaranteed Pass Solutions 2025-
2026 Updated.
These liens take precedence over all other liens - Answer Superior liens: Real estate property
taxes, special assessment lien, federal estate tax lien
These liens take precedence from date of recording in the public records - Answer Junior
liens: Mortgage lien, vendor's lien, judgement lien, construction lien
These are specific liens - Answer superior: Real estate property taxes, Special assessment
taxes
Junior: Mortgage lien, vendor's lien, construction lien
These are general liens - Answer Superior: Federal estate tax lien,
Junior: Judgement lien, federal income tax lien, state corporate income tax
Gross lease - Answer A lease in which the tenant agrees to pay a fixed rental amount and the
landlord pays all expenses related to the property such as real estate taxes, insurance, and
maintenance costs. ex: residential lease
Net lease - Answer A lease in which the tenant pays a fixed rent plus all or a portion of the
operating costs such as real estate taxes, insurance, and maintenance. ex: commercial and
industrial lease
Percentage lease - Answer A lease in which the tenant pays a monthly base plus a
percentage of the annual or monthly gross sales of good sold on the premises. ex: retail centers
and malls
Eminent domain - Answer Allows local, state, or federal gov, railroads, public utilities, and
public housing authorities to obtain ownership to private property; "taking". Owner will be paid
"just compensation" for the property.
Process of eminent domain - Answer Owner may negotiate an agreeable price. If owner
refuses, they will implement a legal court proceeding in court to exercise its right to acquire the
property. The action of enforcing the sale is called condemnation proceeding.
, General warranty deed - Answer This is the most common type of deed and provides the
best protection to the grantee of any deed. The grantor promises to defend the title against any
and all claims. Best for the buyer.
Quitclaim deed - Answer A quitclaim deed contains no warrants of any kind from the grantor
and is considered the best type of deed from the grantor's standpoint.
What is most commonly used to cure defects in title? - Answer Quitclaim deed
Premises (granting) clause (deed) - Answer This clause is the only legally necessary clause
required in a deed.
Habendum clause (deed) - Answer to- have-and-to-hold clause, specifies the legal rights
being conveyed. The portion of the bundle of legal rights being conveyed is described in this
clause, such as "fee simple forever" or "in a life estate"
When transferring a title... - Answer Consideration must be considered, the sales price is not
required and rarely ever included. "$10 and other good and valuable consideration" most often
used
A legal description must be provided
The deed must be signed by the grantor and witnessed by 2 persons. The grantee is not
required to sign.
The deed is voluntarily delivered and accepted to the grantee. Title does not transfer until the is
done.
Transfer by involuntary alienation: DESCENT AND DISTRIBUTION - Answer The system
provides for the transfer of title to legal descendants upon the death of an individual who died
intestate (no will). Goes through probate law.
Transfer by involuntary alienation: ESCHEAT - Answer Reversion of property to the state if
someone dies intestate and has no heirs.
Transfer by involuntary alienation: EMINENT DOMAIN - Answer Governments right to take
private property through condemnation for public use/benefit.
Transfer by involuntary alienation: ADVERSE POSSESSION - Answer An owner may lose title
to another person who has taken control of the property. The person who claims ownership