...Since the early 1960's

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You have a client and you want to write Title Insurance!

Step 1

1. Obtain a previously issued Title Insurance Policy

  • If a Title Insurance Policy has been issued within the past six years, the client may be eligible for the ATGF filed reissue rate. (See the "Rates" section of this manual for more information.)

  • Having a previous Policy simplifies the search process.

2. Search title

ATGF encourages agents to use the ATGF Title Plant to obtain searches, but does not require agents to do so.

  • When searches are ordered through the ATGF Title Plant:
    • Complete and submit the on-line TSR Request Form at www.atgf.net (log on by using your member number and member pass number) along with information regarding the previously issued Title Policy.
      • The TSR points out who owns the property and what encumbrances or liens, if any, are attached to the property.

      • ATGF provides searches for the following counties:
        • - Adams
          - Arapahoe
          - Boulder
          - Denver
          - Douglas
          - El Paso
          - Jefferson
          - Larimer
          - Broomfield
          - For counties that ATGF does not search, the agent may call ATGF Member Services for independent contract searchers in the respective counties.

    • What happens after ATGF receives the TSR Request?
      • Order desk receives the TSR Request and:
        • - Sets Up a file and assigns a file number.
          - Pulls Market Pro verifying information provided.
          - Gives the file to an examiner.
      • The Examiner:
      • Goes to the appropriate computer for the county involved in the search.
        Searches the history of title, encumbrances, liens, judgments, bankruptcies, etc. (Searches may include, but are not limited to, the Clerk and Recorder's Office, Probate Court, The Public Trustee's Office, the Treasurer's Office, County and District Courts, Federal Courts and Bankruptcy Courts)

      • Examiner looks for the history of title, encumbrances, liens, judgments, bankruptcies, etc.

      • Pulls prints of the appropriate documents.

      • Pulls a tax certificate (which shows outstanding taxes due).

      • If the transaction is a sale, the examiner will pull background notes (easements, plat map, covenants, etc.).

      • Types the TSR.

      • Forwards the TSR to the agent via e-mail, fax and then mail, along with the documents, tax certificate and the ATGF bill for services.
  • When searches are conducted by the agent or independent contract searcher:

    With a number of sources available for agents to obtain search information, this section is intended to provide minimum search guidelines that must be met in order for ATGF to permit a policy to be issued on its policy forms. Questions regarding search guidelines should be directed to Kymn Walter, General Counsel, at 303-292-3055 or kwalter@atgf.net.

    Any search of title, whether a refinance or resale, will often uncover anomalies which require professional judgment warranting further investigation of research. There are times during a search that documents discovered create a duty to search records other than the County Clerk and Recorder's Office. These may include but are not limited to Bankruptcy records, Probate Court records, County or District Court records, the Assessor's Office, the Treasurer's Office, or other governmental agencies to name a few.
    The agent may be in possession of information which is not apparent from the public records that would warrant additional investigation. It is incumbent upon the professional title agent to communicate with their title searcher any information which would allow an adequate search of the public records.

    Moreover, there are times when the escrow agent or closer may come into possession of information which causes potential title claims. The closer of any transaction is the title underwriter's key ally in preventing fraud, discovering potential "gap" issues, proofing of lender prepared conveyancing instruments, etc.

    The following outline is not intended to be all inclusive and a proper examination of documents obtained therein may in fact dictate additional search or examination efforts.

  • Sale Transactions
    • From current owner (county certification date) back to source of title. "Source of title" is language taken from the Title Standards. Unfortunately, Colorado does not have a Marketable Title Act like many states so this means a search back to patent/grant or other "evidence of title". In the absence of a patent search, an updated abstract of title or an adequate subdivision file maintained by a title plant may be adequate. An Owner's title insurance policy may, in appropriate cases, be sufficient if searched behind for unreleased items that need clearance.
       
  • Refinance Transactions
    • From current owner (county certification date) back two insured warranty deeds. If conveyances or transfers exist within the chain of title in this period between family members, or without consideration, the search must go back through two valid warranty deeds with consideration paid.

  • All Transactions
     
    • Twenty year search of each name in the chain of title for child support judgments or judgments in favor of the United States.

    • Ten years plus 30 days search of each name in the chain of title for federal tax liens.

    • Six year search of each name in the chain of title for judgments or reviver of judgments.

    • Current tax certificate.

Copyright (c) 1999 - 2010 Attorneys Title Guaranty Fund, Inc. All rights reserved.