Confirm clear ownership and catch the hidden baggage — schedule by schedule.
Reviewing a title commitment is how you confirm the buyer is getting clear ownership — without inheriting hidden "baggage." The commitment is the title company's promise to issue a policy once specific conditions are met. It's split into a few schedules; here's how to work through each.
1. Schedule A — the basic details
The "who, what, when, and where" of the transaction. Check every line against the contract.
Parties: the seller's name exactly matches the owner of record, and the buyer is named and spelled correctly as the proposed insured.
Property & legal description: the legal (lot, block, tract) and the address match the contract — never rely on the street address alone.
Policy amount: the proposed coverage matches the purchase price (owner's) and loan amount (lender's).
2. Schedule B (Exceptions) — what is not covered
The most important section for the buyer. It lists restrictions, easements, and items the policy will not insure against.
Easements & rights of way: who has legal access through the land — utilities, neighbors, shared driveways, drainage, buried pipes.
Restrictive covenants / CC&Rs: for HOA properties, confirm the rules don't block the buyer's plans (pool, RV parking, additions).
Mineral & water rights: whether a prior owner retained subsurface mineral or water rights.
Property taxes: current and prior taxes show as 'not yet due and payable' or 'paid' — not as active delinquent liens.
3. Schedule B-1 / C (Requirements) — what must clear before closing
What the title company requires before it will close and issue the policy.
Mortgage payoffs: the seller's existing mortgages and HELOCs must be paid off and released before closing.
Judgments & liens: no active judgments, mechanics' liens, or support liens tying up the seller's ability to transfer.
Corporate / probate authority: if the seller is an LLC, trust, or estate in probate, documents proving the signer's authority to sell.
When you spot an issue: Misspelled names, the wrong sales price, or an easement that ruins the buyer's plans all need to be raised with your closing agent, title officer, or real estate attorney during the due-diligence period — don't let it ride to the closing table.
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