A title commitment is the result of an order being placed with a title insurance entity usually pursuant to a mutually executed contract to buy and sell real property.   

Know the common endorsements and exceptions applicable on your title commitment. 

 There are certain title issues that arise which need to be dealt with immediately. As a general rule, when you receive the Title Commitment for your transaction, the first thing you should do is flip to the Requirements Page. The Requirements Page will disclose whether there is an item on title that will delay closing. 

A Power of Attorney (“POA”) is a document that allows for a Principal to hand over authority to an Agent to act on behalf of the Principal. Another name for the Agent is “Attorney-in-Fact”.

In Colorado, probate is the legal process by which title to assets are transferred from the decedent to his or her devisees or heirs where the ownership of the assets are not owned as joint tenants. All wills and intestate estates must be probated, but the degrees of court involvement and complexity range from simple and inexpensive to complicated and costly.

The real property transfer declaration (TD-1000) is one data set among many data sets that assists county assessors in properly determining the value of real property for the purpose of their bi-annual assessments of real property.

When two or more buyers are purchasing a home, one of the most important decisions they will make is how they will be vested with the property, either as tenants in common or as joint tenants. Deciding which type of tenancy would be most beneficial to the buyers of a property depends on the circumstances of the purchase (e.g. investment, principal residence, estate planning, etc.) and the relationship of the parties (e.g. married, siblings, parent and children, etc.). 

The topic of transferring property after acquisition and the effect of the transfer on title insurance coverage comes up fairly frequently. The typical scenario is one where a person buys a piece of property and receives an owner’s title insurance policy to protect his or her interests. 

A deed is a legal instrument, in writing, duly executed and delivered, whereby the owner of real property, otherwise referred to as the grantor, conveys to another, referred to as the grantee, some right, title, or interest in or to the subject of real estate. 

The preferred method in Colorado to secure loans against real property is a deed of trust. A deed of trust is given as security for a debt. When a borrower takes out a loan from a lender, the borrower promises to repay the loan through what is called the promissory note. The deed of trust ties that promise to repay to specific real property. 

A Hold Open is a title insurance product whereby the title insurance company who is insuring the initial sale of the property agrees to reinsure the property at a subsequent sale within a certain period of time, generally 12 -18 months, for a substantial discount.

The legal capacity of the seller and buyer to execute closing documents is a common issue that arises in real estate closings when entities are involved. Knowing what title requirements will be for different entities allows you to prepare your clients for those requested items and prevent any delays, confusion, or “fire-drills” that can be very stressful as the property heads to closing.