When the price of a sale with right to repurchase is unusually inadequate
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- 80. In which of the following instances will the sale with a right to repurchase or pacto de retro sale or deed of absolute sale not be presumed an equitable mortgage? Group of answer choices a. When the price of a sale with a right to repurchase is inadequate. b. When the vendor remains in possession as lessee or otherwise c. When the purchaser retains for himself part of the purchase price. d. When the vendor binds himself to pay the real property taxes on the thing sold.A lender whose mortgagor has defaulted may be offered a deed in lieu of foreclosure. If he accepts, which of the following will be TRUE? a. Because it is voluntary, it will not be an adverse item on the buyer's credit. b. The lender will take the title subject to any junior liens. c. The lender will usually retain his rights under mortgage insurance or VA guarantee. d. The loan will still be assumable.In the foreclosure of there al property mortgaged in a contract of reale state mortgage, which of the following statements is correct? a. The mortgage e may recover the deficiency in the absence of stipulation to the contrary. b. The mortgag o risen titled to the excess in the absence of stipulation to the contrary. c. Bothaandb d. Neither a nor b
- Which of the following security instruments, if any, does not allow the debtor the right of redemption upon default? a. Mortgage foreclosure by "action and sale" b. "Strict foreclosure" of mortgage c. Debtors have a right to redeem property under all of these security instruments. d. Deed of trust e. Mortgage foreclosure by "power of sale"It refers to the right of mortgagor to redeem the mortgaged property after his default of the performance of his obligation by paying the secured obligation in order to prevent the public sale of his mortgaged property. a. Equity of redemption b. Right of redemption c. Right of preemption d. Equity of preemptionIf property is inherited by a taxpayer, a.To the recipient, the basis for the property is the same as the basis to the decedent. b.At sale date, the basis of the property to the recipient differs depending on whether the property was sold at a gain or a loss. c.At sale date, the recipient will not have a gain or loss even if the recipient has held the property for more than a year. d.In general, the basis to the recipient is the fair market value at the decedent's date of death.
- When a note payable is exchanged for property, the stated interest rate is presumed to be fair when A. The stated interest rate is equal to the market rate.B. no interest rate is stated C. the stated rate is unreasonable.D. the face amount of the note is materially different from the cash sales price for similar property.25. What is the remedy available to vendor or lessor when the vendee or lessee fails to pay a single instalment or single periodic rental in an instalment sale or finance lease of personal property assuming a chattel mortgaged is constituted on the personal property sold or leased? Group of answer choices a. Exact fulfilment of the obligation with right to recovery for deficiency b. Cancel the instalment sale or finance lease resulting to mutual restitution c. Foreclose the chattel mortgage on the personal property sold or leased d. Any of the above(a) Cite an example of a contract which is contrary to morals, (b) Can the nullity of the stipulation on the usurious interest affect (i) the lender’s rights to recover the principal loan; (ii) the terms of the real estate mortgage?
- Which of the following is accurate regarding a real estate foreclosure transaction? A A foreclosure transaction can never involve recourse debt. B A foreclosure transaction can never involve nonrecoursedebt. C A foreclosure transaction has no federal income taxconsequences for the borrower. D A foreclosure transaction can have significant federalincome tax consequences for the borrower.In some states, a mortgage is considered to be a lien on real property. In other states, like Connecticut, a mortgage is a: a. temporary transfer of title b. bona fida purchase c. sales contract d. all of the aboveOne of the following statements is false: a. If the underlying asset will not revert to the lessor, the residual value is simply ignored by the lessor in the computation of unearned interest income and gross profit on the sale. b. The underlying asset will remain with the lessee if the lease provides for either a purchase option that is reasonably to be exercised or transfer of title to the lessee upon the lease expiration. c. When a lessor actually sells an asset that it has been leasing, the difference between the sales price and the carrying amount of the lease receivable is recognized in profit or loss. d. The gain or loss that pertains to the right retained by the seller-lessee in a sales and leaseback transaction is not recognized.
