Escrow & TitleIntermediateColorado Exam

A Colorado title company discovers an old unreleased mortgage from 1995 still recorded against the property. The title company will likely:

AIssue a clean title policy and ignore the old mortgage
BRequire proof of payoff or a release of lien before issuing a clean title policyCorrect
CContact the original lender automatically without the seller's involvement, in general
DDeduct the old mortgage from the seller's proceeds as a precaution

Why Require proof of payoff or a release of lien before issuing a clean title policy Is Correct

Answer B: Require proof of payoff or a release of lien before issuing a clean title policy

An unreleased mortgage constitutes a cloud on title. The title company will require proof that the mortgage was paid off (a satisfaction or release) before issuing a title insurance policy that insures over this potential defect.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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