Paralegal Advanced Competency Exam (PACE) Practice Exam

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Study for the Paralegal Advanced Competency Exam (PACE). Utilize flashcards and multiple-choice questions designed to enhance your knowledge of paralegal standards and competencies. Prepare effectively and increase your chances of passing!

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What rights does a lien holder have regarding property?

  1. Exclusive right to sell the property

  2. Right to possession until debt is paid

  3. To receive profits from the sale immediately

  4. To take full ownership immediately

The correct answer is: Right to possession until debt is paid

A lien holder possesses the right to take possession of the property until the debt associated with the lien is paid. This means that the lien holder has a secured interest in the property, which allows them to retain possession contingent upon the satisfaction of the debt obligations linked to it. If the debt is not paid, the lien holder may have the option to foreclose on the property, facilitating the recovery of what they are owed. The other options reflect misunderstandings of the nature of a lien. While a lien holder has certain rights, they do not inherently have exclusive rights to sell the property without further legal processes or additional agreement from the property owner. Additionally, receiving profits from the sale immediately suggests that the lien holder has complete control over the financial gains, which is not typically the case; they would reclaim only what is owed to them from the proceeds of the sale. Lastly, the notion of taking full ownership immediately does not align with lien principles; a lien secures an interest but does not transfer ownership until the lien is resolved, typically through payment or foreclosure procedures.