NY Real Estate Exam · Free Sample Questions

NY Real Estate Deeds and Title Practice Questions

3 free preview questions from Unlocked's NY exam question bank. Full access unlocks all questions across every topic, with detailed explanations.


Question 1 · Deed Types

A buyer is purchasing a bank-owned (REO) property after foreclosure. The bank transfers title using a document that conveys only whatever interest the bank holds, with no warranties whatsoever. This type of deed is called a:

  1. AGeneral warranty deed
  2. BQuitclaim deed
  3. CBargain and sale deed
  4. DSpecial warranty deed
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Correct answer: BQuitclaim deed

A quitclaim deed conveys only whatever interest the grantor has, with zero warranties. Banks selling foreclosed properties routinely use quitclaim deeds because they cannot make warranties about a property's title history before they acquired it. The buyer takes whatever title the bank has, with no protection if title defects are later discovered.

Question 2 · Title Insurance

A buyer's lender requires title insurance. After closing, the buyer discovers that a prior owner had an unresolved mechanic's lien that was not found in the title search. Which policy will cover the buyer's loss?

  1. AThe lender's title policy
  2. BBoth policies equally
  3. CThe buyer's owner's title policy
  4. DNeither, title insurance does not cover mechanic's liens
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Correct answer: CThe buyer's owner's title policy

The lender's title policy protects the lender's mortgage interest, not the buyer. For the buyer to be protected, they must have their own owner's title policy. A mechanic's lien that existed before the policy date is exactly the type of title defect owner's title insurance is designed to cover. The lender's policy only protects up to the loan amount and only benefits the lender.

Question 3 · Recording

Seller conveys Greenacre to Buyer A on January 1 but Buyer A does not record the deed. On February 1, Seller (fraudulently) conveys Greenacre to Buyer B, who pays full value, has no knowledge of the prior sale, and records immediately. Under NY's race-notice recording system, who owns Greenacre?

  1. ABuyer B. They recorded first and had no notice of the prior conveyance
  2. BBuyer A. The first sale in time is always superior
  3. CNeither buyer. Both deeds are void due to the fraudulent second conveyance
  4. DThe seller because a seller cannot convey the same property twice
Show answer ↓

Correct answer: ABuyer B. They recorded first and had no notice of the prior conveyance

Under New York's race-notice recording system, a subsequent purchaser who (1) pays valuable consideration, (2) has no actual or constructive notice of the prior unrecorded deed, and (3) records first, prevails over the prior unrecorded grantee. Buyer B meets all three requirements. This outcome, while harsh to Buyer A, is the purpose of the recording system. It punishes those who fail to record.

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