O&Es – A Snapshot Providing an Overview of the Condition of Title

August 1, 2023
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The ONE Report, which stands for Ownership, Name, Encumbrance Report and is commonly known as an O&E, is a limited, informational “snapshot” of a single property. It contains the ownership of the property based upon the most recent vesting deed; property address and basic legal description; unreleased voluntary and involuntary liens that may affect the property; and potential bankruptcy proceedings. This information is based upon a search of the property and vested owner name(s) in the public records of the county in which the property is located, and the District Bankruptcy Court.

The ONE Report is designed to be a helpful tool for interested parties to get a quick overview of a property’s condition of title. While it is limited in its scope, it can be useful to support what is already known or suspected about a property and its ownership. Further, it can be helpful to  potentially avoid surprises by identifying possible red flags that could negatively impact a contemplated real estate transaction. Please note that the ONE Report does not represent a comprehensive examination of title nor guarantee its own accuracy, and, therefore, should not be relied upon to make legal or business decisions.

Ownership

The vesting information contained in the ONE Report should be reviewed with customers  who can confirm or contest its accuracy before entering into real estate contracts or other dealings.

  • Vested ownership should be checked for accuracy or missing ownership interests.
  • The tenancy by which co-owners hold title should be confirmed to avoid unexpected requirements for proper conveyance of title on a future title commitment.

Given that an ONE Report simply provides information from the most current recorded vesting deed, confirmation of a missing interest or tenancy may require additional research and a TBD commitment should be requested.

Encumbrances

The ONE Report will list all unreleased voluntary liens which secure debt, and all unreleased or unsatisfied involuntary liens which may attach to the property by operation of law:

  • Deeds of Trust and Mortgages
  • UCC Financing Statements
  • Federal and State Tax Liens
  • Municipal and Special District Liens
  • Property Tax Liens 
  • Court Judgments
  • Lis Pendens
  • Mechanic’s Liens
  • Potential Bankruptcy 

All listed encumbrances should be reviewed with the client who can confirm or contest their applicability, and the question should be asked if there are other existing encumbrances affecting the property that are not listed in the report. On occasion, recorded documents which affect the land do not contain enough information to associate with a property or owner.

FAQs

Will an ONE Report show all encumbrances affecting the subject property?

A ONE Report will only show liens affecting subject property associated with the Grantee(s) listed on the current vesting deed. If the current vesting deed does not reflect the full ownership of the property, liens affecting the property that are associated solely in the name of the other vested party(ies) will not be shown. If it is known or suspected that  there is a co-owner or a prior owner who potentially have open liens or adverse matters that may affect the property, a TBD commitment should be requested. 

My ONE Report shows a lien for someone who is not my customer but has a similar name, why?

Since an ONE Report reflects the most current vested ownership, those are the names searched in the public record. Many names, and variations thereof, are commonplace and there may not be enough information available to conclusively determine if the debtor of an open lien and the property owner are one-and-the-same. This is the time to discuss known open liens with the owner. If more extensive title work is necessary to determine the true liens affecting the property, a TBD commitment should be requested with additional owner information such as full name, residence address (if different from the property) and the last 4 digits of their SSN so that further research can be performed.

There is an old Deed of Trust showing that was paid off, how do I get it removed? 

A TBD commitment should be requested to have a full title examination performed. The application of industry-standard underwriting principles will determine the facts and any necessary requirements to clear title to the property will appear on the commitment. 

What will an ONE Report show if the property is in foreclosure? What if there’s a short sale pending?

If a property is in foreclosure, an ONE Report will show the same information as if the property were not in foreclosure, with the exception of the Notice of Election and Demand if it is recorded. If a rush on the ONE Report is needed in advance of the sale it is recommended that the “Foreclosure” box is checked upon ordering to ensure the report is delivered in a timely manner.  

The owner is delinquent on their real property taxes, why isn’t that shown on the ONE Report?

A property tax lien will be shown if it’s recorded with the county Clerk and Recorder’s office, but they are seldom recorded. Tax delinquencies can be verified with the County Treasurer as a ONE Report does not include property tax information. 

What additional information can be included in a ONE Report?

Plats and HOA documents such as recorded Covenants, Conditions and Restrictions and Party Wall Agreements can be included for a fee of $2.00 per document.

If I order HOA documents or a Plat Map and my report comes back with NO PLAT MAP and/or NO COVENANTS can I get a refund?

Refunds for this service are not offered. The fee is for the additional research time and is not dependent upon whether or not the requested document is available.   

Can I get an update to my ONE Report?

ONE Reports are single-issue products. If an update is needed, customers will need to order another ONE Report. Or, an Open Deed Report can be requested for a $25.00 one-time fee and can be updated up to 5 times. This report gives the same information as the ONE Report. 

 

**Please note that ONE Reports are not available in every market.**