A Colorado seller conveys a residential property to a buyer for a stated consideration of $50,000, even though the property's fair market value is $480,000. The parties are unrelated, and the low price reflects the seller's desire to help the buyer — a long-time employee — acquire the home. The county clerk and recorder assesses the documentary fee based on the $50,000 stated consideration. A neighboring property owner challenges this, arguing the fee should be based on fair market value. Which outcome is most consistent with Colorado law?
Correct Answer
B) The clerk is correct; the documentary fee is assessed on the stated consideration in the deed, not on fair market value
Under C.R.S. § 39-13-102, Colorado's documentary fee is assessed on the consideration stated in the deed or instrument of conveyance. Colorado law does not contain a provision requiring the fee to be recalculated based on fair market value when the stated consideration is below market. Unlike some states that impose transfer taxes based on fair market value or reassess understated consideration, Colorado's statutory framework is based on stated consideration. The neighboring property owner has no legal basis to challenge the fee calculation, and the county clerk correctly assessed the fee on $50,000.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Financing Question
Background Knowledge for Financing
Real World Application in Financing
Common Mistakes to Avoid on Financing Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
The loan-to-value ratio (LTV) is the percentage of a property's appraised value or purchase price (whichever is lower) that is being financed through a mortgage. LTV = Loan Amount / Property Value.
A comparison of the major mortgage loan types—conventional, FHA, VA, and USDA—covering their eligibility requirements, down payment amounts, mortgage insurance rules, and best use cases.
Predatory lending refers to unfair, deceptive, or abusive lending practices that impose unjustified terms on borrowers, often targeting vulnerable populations. It includes practices like excessive fees, inflated appraisals, and unnecessary refinancing.
More Financing Questions
Which Hawaii rule controls when a lender intends to use power of sale foreclosure on residential property?
A Hawaii licensee is reviewing a candidate asks whether a Hawaii mortgage passes title to the mortgagee. What is the best answer?
Wisconsin recording fees are paid to the:
An appraisal of a Wisconsin dairy farm would most likely use:
Property tax prorations at a Wisconsin closing are typically calculated:
- → The FHA loan program in Wisconsin allows buyers to purchase with as little as:
- → Wisconsin's WHEDA (Wisconsin Housing and Economic Development Authority) assists homebuyers by:
- → Wisconsin foreclosures are:
- → Wisconsin uses which theory of mortgage law?
- → In Utah, what is the standard non-judicial foreclosure process under a deed of trust?
- → After a non-judicial foreclosure sale in Utah, does the borrower have a statutory right of redemption?
- → A Utah lender requires private mortgage insurance (PMI) on a conventional loan. Under what condition can the borrower request PMI cancellation under the federal Homeowners Protection Act?
- → Utah is classified as which type of state regarding the security instrument used for most residential mortgage loans?
- → Under Utah law, which of the following liens generally has the HIGHEST priority?
- → A Utah property has both a first mortgage and a second mortgage. If the first mortgage is foreclosed, what happens to the second mortgage?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
Real Estate Exam Practice Questions by Topic (2026): Free Sets for Contracts, Agency, Financing
Get topic-based real estate exam practice sets and a simple sequence to move from learning to timed mocks.
Real Estate Exam Topics (2026): High-Yield Areas + Common Traps (Contracts, Agency, Financing, Fair Housing)
Learn the highest-frequency real estate exam topics and the traps that cause most wrong answers—plus how to study them.
Real Estate Exam Financing: Mortgages, APR, Amortization (2026) + 20 Practice Problems
Learn mortgages, APR, amortization, and the financing questions most likely to appear—plus practice problems.