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In a deed of trust transaction, when a trustee sells the property and the proceeds generate a surplus, it _____.


A) is paid to the borrower
B) is paid to the lender
C) is paid to the trustee
D) goes to the state

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Which of the following statements best defines a surety?


A) A person who is liable for the performance of another person's duty
B) A person who is not liable for the payment of a principal's debts
C) A person who makes a separate promise to be liable for the payment of a principal's debts
D) A person who is not entitled to be reimbursed by the principal

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The rights and liabilities of the surety and the guarantor are substantially different.

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If the surety has to perform the principal's obligation, then the surety acquires all the rights that the creditor had against the principal. This is known as the surety's right _____.


A) to contribution
B) of subrogation
C) to compensation
D) to reimbursement

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Each state has a statute that permits persons who contract to furnish labor or materials to improve real estate to claim a lien on the property until they are paid.

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Which of the following statements is true of accommodation sureties?


A) They are people paid for serving as a surety.
B) They are protected by the courts at a higher level than other types of sureties.
C) They must show that they will be harmed by an extension of time before they are relieved of responsibility.
D) They are professional companies that take payment for acting as a surety.

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In a deed of trust transaction, when a trustee sells the property and the proceeds generate a deficiency, the _____.


A) borrower is relieved of all obligations to the lender
B) lender may sue the borrower on the debt and recover a judgment
C) lender may sue the trustee
D) trustee may sue the borrower

Correct Answer

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The basic rules of strict liability apply in determining the existence and nature of the relationship of principal and surety.

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The provider of materials or labor is not entitled to a lien if the:


A) property is a public property.
B) materials are provided without reference to a particular property.
C) materialman is not a general contractor.
D) property is under a land sales contract or mortgage.

Correct Answer

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If mortgagors sell the interest in their property without the consent of the mortgagee, _____.


A) they have acted illegally
B) the sale does not affect the mortgagee's interest in the property
C) the mortgagee will lose his or her interest in the property
D) the mortgagee will lose all claims against the mortgagor

Correct Answer

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