New Hampshire Title Insurance Exam

Premium Practice Questions

By InsureTutor Exam Team

Want To Get More Free Practice Questions?

Input your email below to receive Part Two immediately

[nextend_social_login provider="google" heading="Start Set 2 With Google Login" redirect="https://www.insuretutor.com/insurance-exam-free-practice-questions-set-two-2/" align="center"]
Here are 14 in-depth Q&A study notes to help you prepare for the exam.

Explain the concept of subrogation in title insurance and how it impacts the rights of the insured and the title insurer under New Hampshire law. Provide a specific example.

Subrogation, in the context of title insurance, is the legal principle where the title insurer, after paying a claim to the insured, steps into the shoes of the insured to pursue any rights and remedies the insured may have against a third party who caused the loss. In New Hampshire, this is governed by general principles of insurance law and contract law. For example, if a title defect arises due to a prior owner’s fraudulent conveyance, and the title insurer pays the insured’s claim, the insurer is then subrogated to the insured’s right to sue the fraudulent grantor to recover the loss. The insured must cooperate with the insurer in pursuing these rights. The impact is that the insured is made whole, and the insurer has the opportunity to recoup its losses, preventing unjust enrichment of the third party responsible for the defect. This is implicitly supported by New Hampshire’s statutes regarding insurance contracts and the general principles of equity.

Discuss the implications of the New Hampshire Marketable Title Act on title insurance underwriting and claims. How does this Act affect the duration of title searches and the assessment of risk?

The New Hampshire Marketable Title Act (RSA 477:48-a et seq.) aims to simplify land title examinations by extinguishing certain ancient defects and claims. It provides that if a person has an unbroken chain of title to an interest in land for 40 years or more, and no one else has filed a notice of claim during that period, then any interests that predate the 40-year period are extinguished. This significantly impacts title insurance underwriting by reducing the period of title searches, as underwriters can generally rely on a 40-year search. However, it also introduces complexity. Underwriters must carefully examine the 40-year chain to ensure its unbroken nature and the absence of any recorded notices of claim. Claims may arise if the Act is misapplied or if exceptions exist, such as claims by the state or federal government. The Act reduces risk by eliminating old claims but requires diligent application to avoid new liabilities.

Explain the difference between an owner’s title insurance policy and a lender’s title insurance policy in New Hampshire. What specific risks does each policy protect against, and who benefits from each?

An owner’s title insurance policy protects the homeowner (buyer) against defects in title, such as undisclosed liens, encumbrances, or errors in prior conveyances. It benefits the homeowner by ensuring they have clear and marketable title to their property. A lender’s title insurance policy, on the other hand, protects the mortgage lender’s security interest in the property. It ensures the lender has a valid lien on the property and that the lien has priority over other claims. The lender is the beneficiary of this policy. While both policies cover similar risks (e.g., forgery, fraud, errors in public records), the lender’s policy coverage decreases as the loan is paid down, whereas the owner’s policy remains in effect for as long as the insured or their heirs own the property. New Hampshire law recognizes both types of policies as valid and enforceable contracts.

Describe the process of filing a title insurance claim in New Hampshire. What documentation is typically required, and what are the potential remedies available to the insured?

To file a title insurance claim in New Hampshire, the insured must provide written notice to the title insurance company as soon as they become aware of a title defect or claim. The documentation typically required includes the title insurance policy, evidence of ownership (e.g., deed), documentation of the title defect (e.g., a lien notice, court filing), and any expenses incurred as a result of the defect (e.g., legal fees). The title insurer will then investigate the claim. Potential remedies available to the insured include: (1) the insurer curing the defect by clearing the title, (2) the insurer defending the insured in legal proceedings related to the title defect, or (3) the insurer paying the insured for the loss sustained as a result of the defect, up to the policy limits. New Hampshire insurance regulations require insurers to handle claims fairly and promptly.

Discuss the ethical considerations for title insurance agents and companies in New Hampshire, particularly concerning conflicts of interest and the disclosure of material information to all parties in a real estate transaction.

Title insurance agents and companies in New Hampshire have a fiduciary duty to act in the best interests of their clients. Ethical considerations include avoiding conflicts of interest, such as undisclosed relationships with real estate agents or lenders that could influence the choice of title insurer. Agents must disclose any material information that could affect the title, including known defects, encumbrances, or potential claims. Failure to disclose such information could be considered a breach of fiduciary duty and a violation of New Hampshire’s insurance regulations. Agents must also ensure that all parties in a real estate transaction are treated fairly and impartially. Transparency and honesty are paramount to maintaining public trust and ensuring the integrity of the title insurance industry. New Hampshire’s code of ethics for insurance professionals reinforces these principles.

Explain the concept of “gap coverage” in title insurance and why it is important in New Hampshire real estate transactions. What steps can a title insurer take to mitigate the risks associated with the gap period?

“Gap coverage” in title insurance refers to the period between the title search cutoff date and the recording of the deed and mortgage. During this “gap,” new liens or encumbrances could be recorded that would affect the title. In New Hampshire, where recording delays can occur, gap coverage is crucial. A title insurer can mitigate the risks associated with the gap period by conducting a “date down” search immediately before recording to check for any new filings. They may also obtain indemnities from the seller or escrow agent to cover any losses arising from gap period filings. Some insurers use electronic recording systems to expedite the recording process and minimize the gap. Without gap coverage, the insured could be responsible for clearing title defects that arise during this period, even though they were not present at the time of the initial title search.

Describe the role of the New Hampshire Department of Insurance in regulating the title insurance industry. What are the Department’s powers and responsibilities regarding licensing, rate regulation, and enforcement?

The New Hampshire Department of Insurance (NH DOI) is responsible for regulating the title insurance industry within the state. Its powers and responsibilities include: (1) Licensing: The NH DOI licenses title insurance companies, agents, and agencies, ensuring they meet the qualifications and standards set forth in state law (RSA 402-C). (2) Rate Regulation: While New Hampshire generally operates under a file-and-use system for insurance rates, the NH DOI has the authority to review and approve or disapprove title insurance rates to ensure they are not excessive, inadequate, or unfairly discriminatory. (3) Enforcement: The NH DOI has the power to investigate complaints, conduct audits, and take enforcement actions against licensees who violate insurance laws or regulations. This can include fines, suspensions, or revocation of licenses. The NH DOI’s oversight is crucial for protecting consumers and maintaining the financial stability of the title insurance industry in New Hampshire.

Explain the concept of subrogation in title insurance and how it impacts the rights and responsibilities of the insurer and the insured under New Hampshire law. Provide a specific example of a situation where subrogation would be exercised.

Subrogation in title insurance is the legal right of the insurer to step into the shoes of the insured to recover losses paid to the insured from a third party who caused the loss. In New Hampshire, this right is generally governed by common law principles and the specific terms of the title insurance policy. The insurer’s right to subrogation arises after it has paid a claim to the insured. The insurer can then pursue legal action against the party responsible for the defect in title to recover the amount paid out. The insured has a duty to cooperate with the insurer in pursuing subrogation rights. For example, if a title insurance company pays a claim to a homeowner because of a previously unknown lien on the property caused by a contractor’s failure to pay a subcontractor, the title insurer, after paying the homeowner’s claim, can pursue a claim against the contractor to recover the amount paid to the homeowner. This prevents the homeowner from receiving a double recovery and ensures that the party responsible for the loss ultimately bears the financial burden. The New Hampshire Supreme Court has addressed subrogation rights in various contexts, emphasizing the equitable nature of the doctrine.

Describe the process of conducting a title search in New Hampshire, including the key sources of information that must be examined and the potential liabilities a title examiner might face for negligence in conducting the search.

A title search in New Hampshire involves a comprehensive examination of public records to determine the ownership and encumbrances affecting a particular piece of real property. Key sources of information include the county registry of deeds, probate court records, superior court records (for judgments and liens), and municipal records (for property taxes and assessments). The search typically begins with the current owner and traces the chain of title back at least 50 years, or longer if necessary to establish a marketable title. The examiner must look for deeds, mortgages, liens, easements, judgments, and other documents that could affect the title. Title examiners in New Hampshire can be held liable for negligence in conducting a title search. If the examiner fails to identify a recorded encumbrance or defect in title, and a title insurance company or purchaser suffers a loss as a result, the examiner may be liable for damages. The standard of care required of a title examiner is that of a reasonably prudent professional in the field. Errors and omissions insurance is crucial for title examiners to protect against such liabilities. New Hampshire law recognizes the importance of accurate title searches in ensuring the stability of real estate transactions.

Explain the differences between an owner’s title insurance policy and a lender’s title insurance policy in New Hampshire, including who is protected by each policy and the scope of coverage provided.

In New Hampshire, an owner’s title insurance policy protects the homeowner (buyer) from losses arising from defects in title, such as undisclosed liens, encumbrances, or errors in prior conveyances. The owner’s policy remains in effect as long as the insured or their heirs own the property. A lender’s title insurance policy, on the other hand, protects the mortgage lender’s security interest in the property. The lender’s policy ensures that the mortgage has priority over other claims against the property and that the lender will be compensated if a title defect impairs the lender’s ability to foreclose on the property in the event of a default. The coverage amount of a lender’s policy typically decreases as the mortgage is paid down, whereas the coverage amount of an owner’s policy remains constant. The owner’s policy protects the owner’s equity, while the lender’s policy protects the lender’s investment. It is important to note that a lender’s policy does not protect the homeowner; therefore, purchasing an owner’s policy is crucial for safeguarding the homeowner’s interests. New Hampshire law recognizes both types of policies as essential components of real estate transactions.

Discuss the implications of the Marketable Title Act in New Hampshire for title insurance companies and real estate transactions. How does this act affect the required length of a title search and the potential for claims against a title policy?

The Marketable Title Act in New Hampshire (RSA 477-A) aims to simplify and facilitate land transactions by extinguishing certain old claims and encumbrances that cloud title. Under the Act, if a person has an unbroken chain of title to real estate for 40 years or more, and no one else has filed a notice of claim during that period, then certain older interests are extinguished. This has significant implications for title insurance companies in New Hampshire. It potentially reduces the required length of a title search, as examiners may not need to trace the title back beyond the 40-year period. However, title insurers must still exercise due diligence to ensure that the 40-year chain of title is indeed unbroken and that no notices of claim have been filed. The Act can also reduce the potential for claims against a title policy by eliminating certain older, stale claims. However, it does not eliminate all risks, as claims arising within the 40-year period or those based on exceptions to the Act (such as rights of the state or federal government) may still be valid. Title insurers must carefully assess the impact of the Marketable Title Act on each title they insure.

Describe the procedures for filing a claim under a title insurance policy in New Hampshire. What are the insured’s obligations, and what recourse does the insured have if the title insurance company denies the claim?

In New Hampshire, filing a claim under a title insurance policy typically involves providing written notice to the title insurance company as soon as the insured becomes aware of a potential title defect or claim. The insured’s obligations include providing all relevant documentation, such as the title insurance policy, deed, and any other documents related to the claim. The insured must also cooperate with the title insurance company in investigating the claim and defending the title. If the title insurance company denies the claim, the insured has several potential avenues of recourse. First, the insured can attempt to negotiate with the title insurance company to resolve the dispute. Second, the insured can file a complaint with the New Hampshire Insurance Department, which can investigate the matter and attempt to mediate a resolution. Third, the insured can file a lawsuit against the title insurance company for breach of contract. The insured may be able to recover damages, including the cost of defending the title, the diminution in value of the property, and attorney’s fees. New Hampshire law requires title insurance companies to act in good faith in handling claims.

Explain the concept of “gap coverage” in title insurance and why it is important in New Hampshire real estate transactions. What steps can be taken to minimize the risks associated with the gap period?

“Gap coverage” in title insurance refers to the protection provided against title defects that arise between the date of the title search and the date the deed is recorded. In New Hampshire, this gap period can be significant, potentially exposing the buyer to risks such as the filing of liens, judgments, or other encumbrances against the property. Standard title insurance policies typically exclude coverage for matters arising during the gap period. To address this risk, title insurance companies often offer gap coverage, which extends the policy’s protection to include defects that arise during this period. This is particularly important in New Hampshire, where recording delays can be common. To minimize the risks associated with the gap period, several steps can be taken. First, the closing agent should promptly record the deed and mortgage after the closing. Second, a “bring-down” search can be conducted immediately before recording to check for any new filings that could affect the title. Third, obtaining gap coverage from the title insurance company provides the most comprehensive protection against potential losses during this vulnerable period. New Hampshire real estate attorneys often advise their clients to obtain gap coverage to ensure maximum protection.

Discuss the ethical considerations for title insurance agents in New Hampshire, particularly regarding conflicts of interest, disclosure requirements, and the prohibition against giving or receiving kickbacks or referral fees. Cite relevant New Hampshire statutes or regulations.

Title insurance agents in New Hampshire are subject to strict ethical standards to ensure fair and honest dealings with consumers. Conflicts of interest must be avoided or fully disclosed. For example, an agent who has a financial interest in a real estate brokerage or mortgage company must disclose this relationship to the client. Disclosure requirements are governed by New Hampshire insurance regulations, which mandate that agents provide clear and accurate information about the title insurance policy, including its coverage, exclusions, and limitations. The payment or receipt of kickbacks or referral fees is strictly prohibited under New Hampshire law (RSA 402-C:11). This prohibition is designed to prevent agents from steering business to particular providers based on financial incentives rather than the best interests of the client. Violations of these ethical standards can result in disciplinary action by the New Hampshire Insurance Department, including fines, suspension, or revocation of the agent’s license. Title insurance agents have a fiduciary duty to act in the best interests of their clients and to uphold the integrity of the title insurance industry. Continuing education requirements for licensed agents also emphasize ethical conduct and compliance with applicable laws and regulations.

Get InsureTutor Premium Access

Gain An Unfair Advantage

Prepare your insurance exam with the best study tool in the market

Support All Devices

Take all practice questions anytime, anywhere. InsureTutor support all mobile, laptop and eletronic devices.

Invest In The Best Tool

All practice questions and study notes are carefully crafted to help candidates like you to pass the insurance exam with ease.

Video Key Study Notes

Each insurance exam paper comes with over 3 hours of video key study notes. It’s a Q&A type of study material with voice-over, allowing you to study on the go while driving or during your commute.

Invest In The Best Tool

All practice questions and study notes are carefully crafted to help candidates like you to pass the insurance exam with ease.

Study Mindmap

Getting ready for an exam can feel overwhelming, especially when you’re unsure about the topics you might have overlooked. At InsureTutor, our innovative preparation tool includes mindmaps designed to highlight the subjects and concepts that require extra focus. Let us guide you in creating a personalized mindmap to ensure you’re fully equipped to excel on exam day.

 

Get New Hampshire Title Insurance Exam Premium Practice Questions

Title Insurance Exam 15 Days

Last Updated: 15 August 25
15 Days Unlimited Access
USD5.3 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Title Insurance Exam 30 Days

Last Updated: 15 August 25
30 Days Unlimited Access
USD3.3 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Title Insurance Exam 60 Days

Last Updated: 15 August 25
60 Days Unlimited Access
USD2.0 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Title Insurance Exam 180 Days

Last Updated: 15 August 25
180 Days Unlimited Access
USD0.8 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Title Insurance Exam 365 Days

Last Updated: 15 August 25
365 Days Unlimited Access
USD0.4 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Why Candidates Trust Us

Our past candidates loves us. Let’s see how they think about our service

Get The Dream Job You Deserve

Get all premium practice questions in one minute

smartmockups_m0nwq2li-1