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Colorado Title Search: Commitment, Exceptions and Deadlines

Brian Lee BurkeBrian Lee Burke
Jun 15, 2026 • 8 min read
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Colorado Title Search: Commitment, Exceptions and Deadlines

A title search in Colorado is the title company's review of the county recorded documents on a property: every deed, deed of trust, release, lien, easement, plat, covenant, judgment and tax record in the chain of ownership. The result is a title commitment, delivered to the buyer within days of going under contract, and the commitment is what the buyer, the buyer's agent and the lender read before the Record Title Objection Deadline. Colorado closes through title companies, not attorneys, so the title company that searches is also the company that insures and closes.

This guide explains what the search finds, how to read the commitment, which deadlines in the Contract to Buy and Sell protect you, the defects that show up on Front Range homes, and who pays for which policy. It applies to buyers, to sellers who want a clean closing, and to agents managing the deadlines.

Who performs the title search in Colorado?

The title company named in the contract orders the search from its own examiners or from a title plant, an indexed copy of the county records. The seller's agent chooses the title company on most Colorado listings because the seller pays for the owner's policy by custom, and the buyer accepts or negotiates the choice in the offer. A search on a Denver metro home with a normal chain takes 2 to 5 business days; a rural Weld or Elbert County parcel with mineral and water history takes longer.

The American Land Title Association has reported for years that roughly one in three residential searches turns up a problem that has to be cured before closing. Most are paperwork: an old deed of trust never released, a name spelled two ways, a missing probate document. A few are real disputes over boundaries, access or ownership.

How to read a Colorado title commitment

The commitment has three parts. Read all three; the second and third are where the problems live.

PartWhat it listsWhat to check
Schedule AProposed insured, policy amounts, current owner, legal descriptionThe owner matches the seller on the contract; the legal description matches the listing and the ILC
Schedule B-1 RequirementsItems the title company needs before it insures: payoff and release of the seller's deed of trust, an affidavit, a probate order, a corrected deedEvery requirement has a named person responsible and a date
Schedule B-2 ExceptionsMatters the policy will not cover: easements, covenants, plat notes, mineral reservations, oil and gas leases, taxes, HOA declarationsRequest a copy of every recorded document listed and read each one

Schedule B-2 is the list that carries into your deed. A utility easement across the back 10 feet is standard. A driveway easement that gives a neighbor access through your garage court is not. A mineral reservation from 1952 on a Brighton or Erie lot means someone else owns what is under the surface. You have the right to object to any of them by the deadline, and to walk if the seller will not or cannot fix the one that matters.

The Record Title and Off-Record Title deadlines

The Colorado Contract to Buy and Sell Real Estate gives the buyer a set of dated title rights, and the buyer proposes the dates in the offer:

  • Record Title Deadline. The seller delivers the title commitment and copies of every document listed in Schedule B. Set this 7 to 10 days after Mutual Execution of Contract on a Denver metro home.
  • Record Title Objection Deadline. Your written objection to any recorded matter is due. Miss it and you accept the exceptions as they stand.
  • Off-Record Title Deadline. The seller delivers what the seller knows that is not recorded: an unrecorded lease, a boundary agreement, a neighbor's use of the land, a pending claim.
  • Off-Record Title Objection Deadline. Your objection to any of those is due.
  • Title Resolution Deadline. If the seller has not cured your objection in writing by this date, you terminate and the earnest money returns from the title company.

The making an offer on a Colorado home page shows where each of these sits in the Dates and Deadlines table, and what happens after your offer is accepted runs the same calendar day by day.

Title defects common on Colorado homes

  • Unreleased deed of trust. Colorado is a deed of trust state, and each county has an elected Public Trustee who records the release when a loan is paid off. A lender that paid off in 2009 and never sent the release request leaves a cloud that the seller's old lender has to cure, and that takes 2 to 6 weeks.
  • Severed mineral estate. On the northern Front Range, in Weld, Adams and eastern Arapahoe counties, the mineral estate under thousands of subdivisions was sold or reserved decades ago. The Colorado contract carries a printed disclosure that the surface and mineral estates are sometimes owned by different parties. You cannot buy the minerals back at closing; you decide whether to own the surface anyway.
  • Oil and gas leases. A recorded lease gives the operator rights the policy excepts. Read the lease term and the surface-use language on any home east of I-25 north of Denver.
  • HOA liens. Unpaid assessments attach to the home as a lien under the Colorado Common Interest Ownership Act. The seller's HOA status letter, ordered by the title company, shows the balance to be paid at closing.
  • Easements and ditch rights. Irrigation ditch companies hold recorded rights across older Littleton, Arvada, Lakewood and Longmont lots, with access to maintain the ditch. Utility and drainage easements limit where you build a shed or a fence.
  • Judgment and tax liens. A recorded judgment against the seller, or a county treasurer tax lien sold at the annual tax lien sale, must be paid from seller proceeds before the deed records.
  • Probate and divorce gaps. A deed signed by one spouse after a Colorado dissolution, or a home still vested in a deceased owner with no probate order, stops the closing until the court paperwork is recorded.
  • Legal description errors. A lot number or a metes-and-bounds call typed wrong in 1998 repeats in every later deed until a corrective deed fixes it.

Sellers with one of these on the commitment should read can you sell a house fast if the title isn't perfect; most defects cure inside the contract period when the seller starts on day one.

Owner's policy versus lender's policy

The search finds what is recorded. Title insurance covers what the search missed or what was never recorded: a forged deed, an undisclosed heir, a recording error, a lien filed the day before closing. Two policies are issued at a financed Colorado closing.

  • The owner's policy insures you for the purchase price for as long as you or your heirs own the home. One premium, paid at closing, no renewals.
  • The lender's policy insures the lender for the loan balance and pays nothing to you. Your lender requires it, and it is issued at a reduced simultaneous-issue rate alongside the owner's policy.
  • Owner's Extended Coverage (OEC) removes the standard exceptions for unrecorded matters such as survey issues and mechanic's liens. The contract has a checkbox for whether you want OEC and who pays.

By Colorado custom, the seller pays for the owner's policy and the buyer pays for the lender's policy. The contract states both; a buyer in a multiple-offer contest sometimes offers to pay the owner's premium to sweeten the terms. Premiums on Front Range homes between $400,000 and $800,000 run $1,200 to $2,500 for the owner's policy and $150 to $400 for the lender's simultaneous-issue policy, with OEC adding a further $100 to $300. Rates are filed with the Colorado Division of Insurance, so quotes from two title companies land close together. Every line appears on your settlement statement; see closing costs for Colorado home buyers.

The lender's policy is one line item inside the loan estimate. For loan questions the Kenna Real Estate Group works with Mike Oswald, VP of Mortgage Lending at Rate, NMLS 261003, Equal Housing Lender. You are free to use any lender. Compare programs on the Colorado home financing guide.

Survey or Improvement Location Certificate?

The title search reads documents; it does not measure the lot. An Improvement Location Certificate (ILC), $300 to $600, shows where the house, fence and driveway sit relative to the recorded lot lines and is what most Front Range lenders and title companies accept. A boundary survey with set monuments costs $1,500 to $4,000 and is the right order when a fence line, a shed or a neighbor's driveway looks wrong on the ILC. Our post on Colorado ILC versus land survey compares the two.

Looking up Colorado property records yourself

Before you write an offer, read the public record. Every Colorado county assessor and clerk and recorder posts ownership, parcel, tax and recorded document indexes online, and third-party property records sites compile them by address. Check three things: the owner name matches the seller on the listing, the last deed of trust is released or will be paid at closing, and the parcel size matches the listing. Title plants and large title companies now run automated title search software that indexes decades of documents, and the same vendors are processing property documents with optical character recognition so a Denver commitment that took a week in 2015 takes two days now. The examiner still reads every exception; the software finds the pages faster.

Wire fraud at a Colorado closing

The title company sends wire instructions once, on paper or through its secure portal, and never changes them by email. Before you send your down payment, call the title company at the number on the commitment, not a number in an email, and read the account number back. Fraudulent last-minute changes to wire instructions are the single largest loss buyers face at closing, and the money is unrecoverable within hours. The Kenna Real Estate Group confirms every buyer wire by phone with the closer. Read what is needed to close on a house in Colorado for the rest of closing week.

For sellers: order the commitment before you list

A seller who orders a preliminary title commitment two weeks before listing finds the unreleased deed of trust, the lien or the vesting problem while there is time to cure it, instead of in week two of a contract with the Title Resolution Deadline running. See how we help Colorado sellers.

Where to go next

Talk to the Kenna Real Estate Group

The Kenna Real Estate Group, Keller Williams DTC, reads every Schedule B exception on every purchase, sets the Record Title and Off-Record Title deadlines to give you time to object, and confirms every wire by phone before closing. Call or text 303-955-4220. A live person answers. Not a robot, not a phone tree. Then search every home for sale in Colorado.

Homes for sale that match this post

Guides

Questions about any home in Colorado? Call or text 303-955-4220. A live person answers.

Quick answers

How long after going under contract does a Colorado buyer get the title commitment?

By the Record Title Deadline the buyer set in the contract, which runs 7 to 10 days after Mutual Execution on most Denver metro purchases. The seller's title company delivers the commitment plus copies of every Schedule B document.

What is the difference between Schedule B-1 and Schedule B-2?

B-1 lists the requirements the title company must see cured before it insures, such as paying off and releasing the seller's deed of trust. B-2 lists the exceptions the policy will never cover, such as easements, covenants and mineral reservations.

Does the seller or the buyer pay for title insurance in Colorado?

By custom the seller pays the owner's policy premium and the buyer pays the lender's policy at the simultaneous-issue rate. The contract states who pays each, and buyers in a bidding contest sometimes offer to pay the owner's policy.

What does the Public Trustee do in a Colorado home sale?

Each Colorado county has a Public Trustee who records the release of a deed of trust when a loan is paid off. An old loan with no recorded release shows up as a cloud on the commitment and must be released before the deed records.

If the minerals under a Colorado home are severed, can I still buy it?

Yes. Most northern Front Range subdivisions sit on severed mineral estates, and the owner's policy excepts them. Read any recorded oil and gas lease for its term and surface-use terms before the Record Title Objection Deadline.

What happens if the seller cannot fix a title problem before closing?

If the objection is not cured in writing by the Title Resolution Deadline, the buyer terminates and the title company returns the earnest money. Buyers who still want the home extend the deadline by a signed amendment while the cure is in progress.

Is an ILC the same as a survey in Colorado?

No. An Improvement Location Certificate, at $300 to $600, shows where improvements sit relative to the recorded lot lines and is what lenders accept. A boundary survey sets monuments and costs $1,500 to $4,000.

How do I know the wire instructions from the title company are real?

Call the title company at the phone number printed on the title commitment, never a number in an email, and read back the account number before sending. Instructions do not change by email on the day of closing.

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WRITTEN BY
Brian Lee Burke
Brian Lee Burke
Team Leader and Licensed Broker, REALTOR® since 2002, Author

Brian Lee Burke is the founder and team leader of Kenna Real Estate Group, a real estate team at Keller Williams DTC. A licensed REALTOR® since 2002, Brian helps Colorado buyers and sellers navigate residential real estate, new construction, pricing, and negotiation. He is also the author of The Real Estate Playbook and Mastering Real Estate: Your Guide to Becoming a Top Agent.

View Brian Lee Burke’s full profile.