When you have prior policy, which is an existing Owner’s or Loan Policy written by an ATG member or a commercial title insurance company authorized to conduct business in the state where the property is located, then the search may be conducted from the date of that policy forward.

Please note the following about the definition of a prior policy:

1. Short Form Residential Loan Policies may not be used as prior policies.
2. Mid-America Title Insurance Company policies are not acceptable as prior title policies.
3. A prior title commitment may be used as prior evidence of title so long as the transaction for which the commitment was written has closed and the title company is obligated to issue the final policies.
4. An abstract may be used as a prior policy so long as you issue an abstract opinion letter through the last continuation date. This requirement exists because you, and consequently ATG, will have no privity of contract on which to sue a different author of a title opinion letter should a claim arise. If another ATG member wrote the opinion letter, contact the ATG Underwriting Department for approval to rely upon the abstract.

Verify that the prior policy covers the same legal description as the property to be insured. In Illinois and Indiana, you must search real estate taxes for a five year period, regardless of the date of the prior policy, because delinquent real estate taxes can result in a complete failure of title.

If any parcels to be insured are not included in the prior policy’s coverage, then those parcels must be searched using the guidelines for full searches, as follows:

Illinois full search standard:

• 20 years for platted residential land; and
• Back to 1900 for other types of property, for conveyances, restrictions, easements and mortgages;
• In all cases, 20 years for judgments and liens; and 5 years for real estate taxes;

Indiana full search standard:

• 20 years for platted residential land;
• Back to 1900 for other types of property, for conveyances, restrictions, easements and mortgages;
• In all cases, 20 years for judgments and liens; and 5 years for real estate taxes;

Wisconsin full search standard:

• 30 years for deeds, mortgages, all other conveyances, judgments, liens, and encumbrances for all types of property; and
• 60 years for easements and restrictions for all types of property.

For more information, contact the Underwriting Department at 800.252.0402, ext. 2020, 312.752.1990, or legal@atgf.com. For Wisconsin, please contact ATG Wisconsin Operations at Wisconsin@atgf.com, 800.788.8989 or 262.347.0102.