ABC's of the Title Commitment
The Commitment for Title Insurance is the preliminary document issued by the Title Company that contains the conditions and requirements under which a title policy may be insured. It is a state promulgated form and may only be revised as indicated in the rules and regulations promulgated by the State. The four “Schedules” or sections of the Commitment are shown below:
Schedule A- Actual Facts
Schedule A outlines the facts including:
- Effective date of commitment
- Name(s) of proposed insured(s) (Owner & Lender)
- Proposed amount of title insurance coverage
- Current record owner of the property
- Legal description of the property to be insured
Tip:
Read Schedule A and confirm that all information is accurate including spelling and name abbreviations. The names should reflect the buyer’s legal name.
Schedule B- Buyer Notification & Exceptions
Schedule B outlines the specific details of the property to be insured as well as exceptions to coverage that are not insured, including:
- Restrictions
- Taxes
- Easements
- Mineral Reservations/Leases
- Area and Survey Discrepancies
- Rights of others
Tip:
Review Schedule B carefully as the items in this section can affect property use and access. Title objections must be submitted in writing according to the provisions of the contract.
Schedule C- Clear to Close
Schedule C of the Title Commitment identifies any items that must be resolved prior to closing such as:
- Liens
- Bankruptcies
- Marital Status Issues
- Probate Issues
- Entity/Trust Issues
Tip:
Read Schedule C and provide your Closer with information or assistance in resolving the items prior to closing. A title company is not permitted to provide legal counsel regarding the Title Commitment. If you have any legal questions, please refer to Rattikin & Rattikin or an attorney of your choice.
Schedule D- Disclosure
Schedule D is simply a disclosure of information about owners, directors, officers and underwriters required by Texas state rules and regulations. Additionally, it outlines title policy amounts.
Tip:
Reading and understanding the Title Commitment is paramount to the success of your closing.
This information is provided as a courtesy and does not cover the Title Commitment in its entirety. Please contact legal counsel for any legal advice. Revised 9/17.