Category Archives: Real Estate Title

Clearing Title When Tenant-in-Common Owner Dies

Clearing Title to Real Estate When a Tenant-in-Common Owner Dies Q:  How is title to real estate cleared when someone dies owning property as tenants in common with other owners? A:  Through a probate proceeding. I frequently hear from sellers or real estate brokers when they discover the following closing Requirements on Schedule B-1 of their title… Continue Reading

CLUE Reports Comprehensive Loss Underwriting Reports

Co-Author: Eric R. Jaworski, Esq. What is a CLUE Report? CLUE stands for Comprehensive Loss Underwriting Exchange. It is a comprehensive database of personal property information relating mainly to insurance claims on private property. CLUE was developed by, and is currently operated by, ChoicePoint Asset Co., a Georgia firm. What type of information is found… Continue Reading

Survey – Part II

If a title company will issue survey-related protection based on an Improvement Location Certificate (ILC), why might it be worthwhile for my client to obtain a more rigorous (and more expensive) survey? Last month’s article showed an example where an owner had a title problem which might have been detected prior to closing had the… Continue Reading

Survey – Part I

If a title company will provide survey-related title insurance protection for a buyer without requiring an Improvement Location Certificate (ILC), why might it still be worthwhile for my buyer to obtain an ILC? If a title company will issue survey-related protection based on an ILC, why might it be worthwhile for my client to obtain… Continue Reading

Marketability Issues of Titles Held by Trusts and Trustees

This article was originally published in The Colorado Lawyer, Vol.29, No. 8, August 2000. The Colorado statutes discussed in this article have been changed since the article was published. This article should be consulted as historical background only. Please also see related article:  “Trusts and Titles New Colorado Law” The revocable living trust has become… Continue Reading

Plain Language Title Insurance

I am about to purchase my first home. When my sister bought a home, she had problems with a repairman of the previous owner who filed a $2,000.00 mechanic’s lien after her closing. Her title insurance company told her that she wasn’t insured against the lien, but her bank said that it had coverage. How… Continue Reading