CA DRE Exam - Practice Test 1 || Acknowledged Answers 100%.
Mr. Smith purchased a single-family residence and, after moving into the dwelling, discovered
that the roof eaves of this home came within two feet of his neighbor's property line. If the city
zoning and building restriction required at least a five foot distance:
(A)He could force the neighbor to adjust the property line
(B)He would not be insured for any loss under a standard form policy of title insurance
(C)He could not make an appeal for a variance to the local governing body
(D)The restriction cannot be enforced correct answers (B) Mr. Smith has problems but they will
not be solved with the title insurance policy since the standard form only covers matters of
record.
In a city or county, compliance with the State Housing Act is usually enforced by:
(A)City engineer
(B)Police department
(C)City Planning Commission
(D)Building inspector correct answers (D) The State Housing Act sets the minimum building
standards which are usually enforced by the local building department.
A will, which is entirely written, dated, and signed in the testator's own handwriting is a:
(A)Witnessed will
(B)Holographic will
(C)Nuncupative will
(D)Probate will correct answers (B) This is a textbook definition of a holographic will.
Allen sold a property to Brady with a contract of sale. Later he sold to Charles under a quit claim
deed and assigned the contract but didn't inform Brady continued to stay in possession and pay
Allen. Brady paid off the contract and demanded title from Allen told him to look to Charles for
the title but Charles refused to convey. In these circumstances:
,(A)Brady has no recourse
(B)Brady's only recourse is to sue Allen for the amount of money he had paid to him
(C)Charles must convey title to Brady
(D)Charles could evict Brady and sue Allen for the time he was in possession correct answers
C)Charles must convey title to Brady
Which of the following would be in the position of "first lien" or "superior lien"?
(A)1911 Assessment Bond
(B)First Trust Deed
(C)Homestead
(D)Whichever was recorded first correct answers (A) By definition the 1911 Street Assessment
Bond takes priority over all other liens regardless of recording dates with the exception of
property taxes which are equal in priority.
A husband, who owns separate property, dies without a will. In regards to the separate property,
itwould be distributed in which of the following ways:
(A)One-half to wife and one-half to children
(B)One-third to wife and two-thirds to more than one child
(C)It would be escheated to the state
(D)It would be divided equally among his heirs correct answers (B) If there is no will, separate
property is divided one-half to the wife and one-half to an only child, or one-third to the wife and
one-half to an only child, or one-third to the wife and two-thirds to more than one child
Being of indefinite duration is a characteristic that is particularly descriptive of an:
(A)Estate for years
(B)Estate for a period-to-period
(C)Estate of inheritance
(D)Estate less-than-freehold correct answers (C) An estate of inheritance is a fee simple estate. In
order to be a fee simple estate, it must be indefinite in duration capable of being conveyed during
life or upon death.
, Brown buys a house from a contractor for all cash. A search of the records in the county
recorder's office reveals that the following documents were recorded:
1-15-70 Grand Deed: Grantor - Smith : Grantee - Brown
3-10-71 Trust Deed: Trustor - Brown: Beneficiary - Taylor
4-01-71 Lease: Lessor - Brown: Lease - Jones
Last week there was a foreclosure sale which resulted in the title being vested in the beneficiary.
On the basis of the information given, which of the following statements is now true:
(A)The trust deed was a purchase-money trust deed
(B)Taylor can increase the rent
(C)Jones can assign his rights
(D)There is no typographical error in the name of one of the parties to the transaction correct
answers (B) Taylor can raise the rent. Under a trust deed foreclosure, the doctrine of relation
back states that the title of the successful bidder in a foreclosure sale relates back to the date of
execution of the security device. Other encumbrances, except tax liens, that have been recorded
since this recording of the security device are then cut off. Thus, when foreclosed, the lease
would have been cut off.
A first trust deed has a clause in it referring to a previously recorded instrument. That instrument
would be:
(A)A subordination clause agreement
(B)A fictitious trust deed
(C)A primary evidenced first trust deed
(D)Both (A) and (B) correct answers (B) A fictitious trust deed contains many details relating to
subdivisions in that county and is referred to in subsequent trust deeds
Mr. Smith purchased a single-family residence and, after moving into the dwelling, discovered
that the roof eaves of this home came within two feet of his neighbor's property line. If the city
zoning and building restriction required at least a five foot distance:
(A)He could force the neighbor to adjust the property line
(B)He would not be insured for any loss under a standard form policy of title insurance
(C)He could not make an appeal for a variance to the local governing body
(D)The restriction cannot be enforced correct answers (B) Mr. Smith has problems but they will
not be solved with the title insurance policy since the standard form only covers matters of
record.
In a city or county, compliance with the State Housing Act is usually enforced by:
(A)City engineer
(B)Police department
(C)City Planning Commission
(D)Building inspector correct answers (D) The State Housing Act sets the minimum building
standards which are usually enforced by the local building department.
A will, which is entirely written, dated, and signed in the testator's own handwriting is a:
(A)Witnessed will
(B)Holographic will
(C)Nuncupative will
(D)Probate will correct answers (B) This is a textbook definition of a holographic will.
Allen sold a property to Brady with a contract of sale. Later he sold to Charles under a quit claim
deed and assigned the contract but didn't inform Brady continued to stay in possession and pay
Allen. Brady paid off the contract and demanded title from Allen told him to look to Charles for
the title but Charles refused to convey. In these circumstances:
,(A)Brady has no recourse
(B)Brady's only recourse is to sue Allen for the amount of money he had paid to him
(C)Charles must convey title to Brady
(D)Charles could evict Brady and sue Allen for the time he was in possession correct answers
C)Charles must convey title to Brady
Which of the following would be in the position of "first lien" or "superior lien"?
(A)1911 Assessment Bond
(B)First Trust Deed
(C)Homestead
(D)Whichever was recorded first correct answers (A) By definition the 1911 Street Assessment
Bond takes priority over all other liens regardless of recording dates with the exception of
property taxes which are equal in priority.
A husband, who owns separate property, dies without a will. In regards to the separate property,
itwould be distributed in which of the following ways:
(A)One-half to wife and one-half to children
(B)One-third to wife and two-thirds to more than one child
(C)It would be escheated to the state
(D)It would be divided equally among his heirs correct answers (B) If there is no will, separate
property is divided one-half to the wife and one-half to an only child, or one-third to the wife and
one-half to an only child, or one-third to the wife and two-thirds to more than one child
Being of indefinite duration is a characteristic that is particularly descriptive of an:
(A)Estate for years
(B)Estate for a period-to-period
(C)Estate of inheritance
(D)Estate less-than-freehold correct answers (C) An estate of inheritance is a fee simple estate. In
order to be a fee simple estate, it must be indefinite in duration capable of being conveyed during
life or upon death.
, Brown buys a house from a contractor for all cash. A search of the records in the county
recorder's office reveals that the following documents were recorded:
1-15-70 Grand Deed: Grantor - Smith : Grantee - Brown
3-10-71 Trust Deed: Trustor - Brown: Beneficiary - Taylor
4-01-71 Lease: Lessor - Brown: Lease - Jones
Last week there was a foreclosure sale which resulted in the title being vested in the beneficiary.
On the basis of the information given, which of the following statements is now true:
(A)The trust deed was a purchase-money trust deed
(B)Taylor can increase the rent
(C)Jones can assign his rights
(D)There is no typographical error in the name of one of the parties to the transaction correct
answers (B) Taylor can raise the rent. Under a trust deed foreclosure, the doctrine of relation
back states that the title of the successful bidder in a foreclosure sale relates back to the date of
execution of the security device. Other encumbrances, except tax liens, that have been recorded
since this recording of the security device are then cut off. Thus, when foreclosed, the lease
would have been cut off.
A first trust deed has a clause in it referring to a previously recorded instrument. That instrument
would be:
(A)A subordination clause agreement
(B)A fictitious trust deed
(C)A primary evidenced first trust deed
(D)Both (A) and (B) correct answers (B) A fictitious trust deed contains many details relating to
subdivisions in that county and is referred to in subsequent trust deeds
