What Is an O & E Report?

Definition of "Owner's and Encumbrance Report ("O&E) as Defined by Colorado Insurance Regulation. 3-5-1:

"Ownership and encumbrance report" (O&E") means information identifying the last recorded owner, legal description, and recorded deed of trust or mortgage of a particular real property address available from the public records. An ownership and encumbrance report does not include additional information, including but not limited to, judgments, tax liens or encumbrances other than a deed of trust or mortgage.

Section 6 (C)(1) of Regulation 3-5-1 allows for the issuance of an "Owner's and Encumbrance Report” (“O&E”) under the following conditions:

Furnishing, either orally or in writing, an ownership and encumbrance report (“O&E”), or furnishing a copy of an instrument of public record, including but not limited to, a deed, deed of trust, mortgage, contract, map, plat, or declaration of covenants, conditions and restrictions. Any report or instrument furnished pursuant to this Section 6 (C)(1) may be furnished without charge provided and to the extent that:

• a. All persons requesting such information are treated equally; and
• b. The information is provided as presented by the public records and nothing of material value is added to the information; and
• c. The information furnished contains no advertising or promotional material on behalf of the settlement producer to whom the information is provided.

Nothing in this regulation prohibits title entities from imposing a reasonable charge for any and all of the above information, or for additional information, provided the charge is the same for all persons, and is assessed on a non-discriminatory basis.