Quick Answer
As a buyer, question anything on the title commitment that is unexpected, unclear, or inconsistent with what you believe you are purchasing. The commitment tells you what the title company found and what your policy will cover. If something does not seem right, ask.
Your title commitment is one of the most important documents you will receive during your home purchase. It tells you what the title company found and what your title insurance policy will cover. Here are ten things every buyer should question.
1. Is the Name on Schedule A Correct?
The proposed insured should be your name (or your entity name) exactly as it will appear on the deed. If it is wrong, ask for a correction.
2. Does the Legal Description Match What I'm Buying?
Compare the legal description to what you expect. If you are buying a single-family home and the description includes multiple lots, or vice versa, that is worth questioning. Learn why buyers should review the legal description.
3. What Is This Easement and Does It Affect My Use?
If an easement appears on the commitment, ask what it is, who benefits, and whether it affects how you plan to use the property. Some easements are minor; others could limit your plans significantly.
4. What Does This Restriction Mean for My Plans?
Restrictive covenants can limit what you can do with the property. If you plan to build, operate a business, or rent the property, ask whether the restrictions allow it.
5. Why Is an Old Mortgage Still Showing?
If a prior mortgage appears on the commitment that should have been paid off, ask whether it has been released. Read why an old mortgage may still show on title.
6. Is There a Judgment or Lien I Need to Worry About?
Liens and judgments against the seller or the property typically need to be resolved before closing. Ask who is responsible for clearing them.
7. Who Is Handling Each Requirement?
For each requirement listed on Schedule B, ask who is responsible and what the timeline is. Requirements that are not handled can delay closing.
8. Can This Exception Be Removed?
If an exception concerns you, ask whether it can be removed. Read about whether title exceptions can be removed.
9. Does the Commitment Show I Have Access?
If there is no dedicated access listed or if an easement affects access, ask whether your access to the property is assured.
10. Could Anything on the Commitment Delay My Closing?
Ask your title company whether any of the requirements or exceptions present a risk of closing delay. Knowing this early helps you plan.
Questions Are Part of the Process
Asking questions about your title commitment is normal and expected. Title companies receive questions every day. If something is unclear, ask. It is better to understand before closing than to discover an issue afterward.
For a complete guide to reading the commitment, see How to Read a Title Commitment.
Key Takeaway
Question everything on the title commitment you do not understand. Your title company, real estate agent, and attorney are there to help. Asking early prevents surprises at closing.
FAQs
Am I being difficult by asking too many questions?
No. Title companies expect questions. It is your investment on the line, and understanding the commitment is part of making an informed decision. Ask as many questions as you need.
Can I request changes to the commitment?
You can ask questions and request clarifications. Some items can be corrected; others reflect the public record and cannot be changed. Your title company will advise on what is possible.