Here are a few questions that would apply in Illinois and may or may not apply to other states. One might caution that, while two states might have identical statutes on the books, case law might suggest different interperetations and, thus, different practices. Also, since indexing procedure differs from county to county in Illinois, it is difficult to suggest even "state specific" questions regarding indexing procedures. For example, while the "official" method of indexing in Illinois is "Grantor Grantee", Illinois' most populated county, Cook, has long employed a system whereby recorded instruments are indexed by legal description--a far less labor-intensive method than the Grantor/Grantee method. The Grantor/Grantee method was available if you were willing to sift through volumes of microfiche (remember microfiche?) but they were really only used to find a specific conveyance if a deed was misposted in the tract books. Since computerization, one can search via Grantor/Grantee, Legal Description, or Permanent Index Number.
That said, here is my attempt to help with some questions that will apply to Illinois abstractors. The correct answer, to the best of my knowledge, is in boldface:
A joint tenancy can be severed by one party without the knowledge or consent of the remaining joint tenants. True or False
An identifying characteristic such as permanent Index Number or legal description on a memorandum or transcript of judgment, when recorded, limits that judgment lien to the identified parcel. True or False
Explanation: A memorandum or transcript of judgment, or certified copy of a judgment, filed in the Recorder of Deeds office, will attach as a lien to any property owned by the judgment debtor in the county in which the document is filed.
A mechanics lien can take a superior lien position to a mortgage even though the mortgage is recorded first. True or False
If a man and his wife hold title as Tenants By The Entirety, and a judgment is entered against the husband only, it is not necessary to show the judgment, as it cannot attach to the property as an enforcable lien.
True or False
Explanation: The judgment is still a lien on the land; it just cannot be enforced against the land as long as title is held in a tenancy by the entirety.
"A", "B" and "C" owned land in fee simple as joint tenants. "A" died and by will devised all her realty to "D" and "E" equally. Who owns what interest to the land?
(a) "D" and "E", equally, as Tenants in Common
(b) "B" and "C" as to an undivided 1/2 interest and "D" and "E" as to an undivided 1/2 interest
(c) "B" and "C" as joint tenants
(d) None of the above
"A", "B", and "C" owned land in joint tenancy. "A" conveys his interest to "E". Then "B" dies. Who owns what interest in the land?
(a) "C" and "E" as joint tenants
(b) "The estate of "B" as to 1/2 interest and "C" as to 1/2 interest
(c) "C" as to 2/3 interest and "E" as to 1/3 interst as tenants in common
(d) None of the above
"A" and "B" owned land as Tenants by the Entirety. "A" conveys his interest into a land trust. Who owns what interest in the land?
(a) "A" and "B" as tenants by the entirety
(b) "B" as to 1/2 interest and the land trust as to 1/2 interest
(c) The land trust
(d) None of the above
Explanation: In Illinois, a tenancy by the entirey can only be severed by: conveyance signed by both parties; dissolution or annulment of marriage; or death of one or both of the parties. Conveyance is only valid if executed by both parties, not unilaterally.
Hope this helps!
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