Title and escrow disputes often become harder than necessary because the records are grouped by custodian rather than by transaction sequence. Early evaluation improves when counsel can see what the parties contracted for, what title disclosed, what escrow was instructed to do, what actually occurred, and how the claimed loss followed.
1. Contract and Escrow Instructions
Start with the purchase agreement, counteroffers, addenda, escrow instructions, amendments, cancellation rights, and written party directions. Preserve the final and earlier versions because a changed condition may explain later conduct.
2. Title Search and Commitment File
- Preliminary title report or title commitment
- Schedules, requirements, and exceptions
- Underlying documents referenced by exceptions
- Search notes, updates, date-downs, and clearance records
- Payoff demands, releases, reconveyances, and lien records
- Marked commitment, pro forma, and final policy
3. The Issued Policy and Endorsements
Collect the complete policy, schedules, endorsements, exclusions, conditions, and correspondence transmitting the policy. Confirm the insured, policy date, amount, estate or interest, and the specific covered property or loan.
4. Claim Notice and Claims File
Organize the first notice of claim, acknowledgments, reservation or coverage letters, requests for information, investigation material, defense or cure activity, settlement communications, and final determination. Track the date and substance of each step.
5. Closing and Recording Records
Include the settlement statement, HUD-1 or Closing Disclosure, lender instructions, escrow ledger, wire records, deed, deed of trust or mortgage, recording package, recorder receipt, and post-closing correspondence. These records connect the title work to the completed transaction.
6. Communications and Role Identification
Identify who performed each function. Title insurer, underwriter, issuing agent, escrow holder, settlement agent, attorney, broker, lender, notary, and recording service are not interchangeable roles. Map communications to the person and capacity involved.
7. Prior and Later Property Records
Earlier deeds, liens, probate records, entity documents, powers of attorney, surveys, boundary material, tax records, and later conveyances can clarify whether an issue predated the insured transaction and what occurred after discovery.
8. Loss, Mitigation, and Alternative Explanations
Gather valuation evidence, repair or cure costs, litigation expenses claimed as damages, insurance payments, settlements, resale or refinance records, and mitigation steps. Separate the existence of a title problem from the measure and cause of a claimed loss.
Build One Chronology
A useful chronology should include the transaction opening, title search, commitment delivery, objection or clearance activity, instruction changes, signing, funding, disbursement, recording, policy issuance, discovery of the issue, claim notice, and subsequent response.