EXAM 180 QUESTIONS AND CORRECT DETAILED
ANSWERS (VERIFIED ASNWERS) |ALREADY GRADED A+
Pact de non Alienando - ANSWER: Clause contained in the mortgage or other
encumbrance agreement whereby the obligor agrees not to sell, engage, alienate or
mortgage the same property to other persons to the prejudice of the mortgage
Corporate Resolution - ANSWER: An official written certificate of the corporations
secretary that the resolution was adopted by the corporations board of directors
Confession of Judgment - ANSWER: A person's agreement in a mortgage to the entry
of judgment if he defaults on the obligation secured by the mortgage
Executory Process - ANSWER: A proceeding in court in which the holder of a
mortgage containing a confession of judgment may obtain an ex parte seizure and
sale of the mortgaged property without the ordinary delays required by law
Relative Simulation - ANSWER: When the parties intend that their contract shall
produce effects between them though different from those recited in their contract
Absolute Simulation - ANSWER: When the parties intend that their contract shall
produce no effects between them. That simulation, therefore, can have no effects
between the parties
Counterletter - ANSWER: Separate writing expressing the true intent of the parties
rather than the intent purported to be manifested in another instrument not binding
on third parties unless recorded.
Donation intre vivos - ANSWER: "Act of Donation" of immovable property, like a sale,
is a familiar contract to notaries. A contract by which a person, the donor
gratuitously divests himself at present and irrevocably of the thing given in favor of
another, the done, who accepts. it.
Exchange - ANSWER: A contract whereby each party transfers to the other the
ownership of a thing other than money
Sale with a right of redemption - ANSWER: "vente a remere'" is a sale in which the
vendor reserves the right to take back the property sold from the vendee. ** Seldom
used**
Dation in Paiement - ANSWER: An act in which a debtor transfers ownership of a
thing to his creditor in payment of a debt. "giving in payment"
,Bond for Deed - ANSWER: A contract to sell real property, in which the purchase
price is to be paid by the buyer to the seller in installments, and in which the seller,
after payment of a stipulated sum, agrees to deliver title to the buyer. Title is not
transferred until the purchase price is paid in full. It is a contract to sell, not a
contract OF sale.
Vendor's Privilege - ANSWER: A seller is said to possess this against the real estate
sold for any part of the purchase price that is not paid. Such privilege must be
recorded to affect any third persons. The method used to preserve this privilege is
the recording of the credit sale or act of vendor's lien showing that the full purchase
price has not been paid.
Vendee - ANSWER: Purchaser
Vendor - ANSWER: Seller
Credit Sale - ANSWER: Sale is "owner-financed". The full purchase price is not paid to
the vendor at the act of sale but rather that the vendee is indebted to the vendor for
all or part of the purchase price
Cash Sale - ANSWER: A conveyance act whereby the vendor (seller) conveys,
ordinarily with warranty of title, the immovable in exchange for the price paid in
money by the vendee (purchaser)
Quitclaim Deed - ANSWER: An instrument in which the grantor transfers,
relinquishes and or quits any claim he may have in a thing
Compromise - ANSWER: A settlement or agreement between parties
Meridian Line - ANSWER: The lines that run north and south when surveying
property
La. Base line - ANSWER: The lines that run east and west when surveying property
Township lines - ANSWER: Parallel to each base line and running east-west at six mile
intervals
Township - ANSWER: The intersection of the range lines and township lines within
the four quadrants established by the intersection of these meridians and the base
line creates a series of six-mile-by-six-mile squares know as these
Plat - ANSWER: A plan or map, as of land
St. Helena Meridian - ANSWER: The meridian running north and south that governs
east of the Mississippi river
, "per aversionem" - ANSWER: When property is described from boundary to
boundary
Range Lines - ANSWER: Parallel to each meridian, and running north-south at six mile
intervals
Pledge - ANSWER: A real right established by contract over certain types of property
creating a preference over certain property in favor of a specific creditor as security
for the payment of a sum of money or the performance of an obligation
Pledgor - ANSWER: owner of the property
Pledgee - ANSWER: creditor
Antichresis - ANSWER: A civilian contract no longer authorized or used in Louisiana.
Traditionally, it was the pledge of immovable property wherein a debt or obligation
was secured through the right to retain the civil and/or natural fruits of the property
Pawn - ANSWER: Formerly the pledge of movable property under the Louisiana Civil
Code. The term now references the contract of pledge between a licensed pawn
shop and a pledger, which transactions are governed by the Louisiana Pawnshop Act
Bill of Lading - ANSWER: A detailed list of shipment of goods in the form of a receipt
given by the carrier to the person consigning the goods
Mortgage - ANSWER: A granting of a privilege or lien on a movable or immovable
which does not transfer possession to the creditor
Mortgagor - ANSWER: the person who grants a mortgage
Mortgagee - ANSWER: the person in whose favor a mortgage is granted
Conventional Mortgage - ANSWER: a mortgage created by written contract to secure
the performance of an obligation
Legal Mortgage - ANSWER: This mortgage can be either a special or a general
mortgage and will secure an obligation specified by the law that provides for it, it is
created by complying with that law
Judicial Mortgage - ANSWER: These mortgages operate as general mortgages. They
affect property that the obligor (judgment debtor) owns when the mortgage is
created or that he acquires in the future
Collateral Mortgage - ANSWER: A mortgage designed not to directly secure an
existing debt but to secure a mortgage note pledged as collateral security for a debt
It is both a mortgage and a pledge