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General Warranty Deed versus Special Warranty Deed

General Warranty Deed versus Special Warranty Deed In addition to the choice of deed (between general warranty and special warranty), there are three other factors that strongly influence the buyers’ and sellers’ risk factors: (1) The style of the exceptions to the warranties; (2) the features of the sellers’ existing title insurance; and (3) the … Continue Reading

Property Specific Deed Exceptions

Property Specific Deed Exceptions. This webcast walks you through an example where this distinction between a general exception deed and a property specific exception deed makes a difference and explains why most Colorado title companies initially prepare a deed form that is inconsistent with the Colorado Real Estate Commission contract. 2/23/18: Property Specific Deed Exceptions. … Continue Reading

How to Draft Better Additional Provisions – Part IV

8/2/17: How to Draft Better Additional Provisions – Part IV: The A, B, C’s of writing additional provisions with examples. Welcome. This is the fourth installment in our series of webcasts on how to draft better additional provisions in the Colorado Real Estate Commission Approved Contract. Our first one talked about the notion to first … Continue Reading

New Property Purchase: Are the mineral rights Included?

I am purchasing a new property. Are the mineral rights included? The specific language in a property’s prior conveyances, known as the chain of title, dictates whether the rights to the minerals are included in the purchase. As clearly disclaimed in the Colorado Contract to Buy and Sell Real Property, buying a property does not … Continue Reading

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