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Title Commitment and Policy

Drafts ALTA-compliant Title Commitment documents for commercial real estate transactions including Schedule A, Schedule B Parts I and II. Use when preparing title commitments, preliminary title reports, title insurance policies, or pre-closing title documents.

ID: 03a7082b-6336-4c3e-8322-82f6c5404044 Version: 0.1.0 License: Apache-2.0 Author: CaseMark Language: en Added: 2026-06-15
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Title Commitment and Policy

Drafts an ALTA-standard Title Commitment identifying state of title, requirements for policy issuance, and exceptions to coverage.

Prerequisites

Collect before drafting:

  • Property — legal description, APN, county, state
  • Transaction — purchase price or loan amount, policy type (Owner's/Loan/Leasehold), closing date
  • Vesting — current owner(s) of record with recording reference
  • Title search — all encumbrances, liens, easements, CC&Rs, judgments from examination
  • Parties — proposed insured(s), full legal names with entity designations
  • Encumbrances — mortgages, deeds of trust, tax status, assessments to address at closing

Document Structure

Header

  • Title: "COMMITMENT FOR TITLE INSURANCE"
  • Issuing company: full legal name, jurisdiction-licensed
  • Commitment number: [YEAR]-[OFFICE CODE]-[SEQ]
  • Effective date: date through which title search was conducted

Schedule A — Transaction Details

Draft in order:

  1. Policy type — ALTA Owner's (2006), Loan, or Leasehold; specify form version
  2. Policy amount — purchase price (owner's) or loan amount (lender's); format $X,XXX,XXX.00
  3. Proposed insured — full legal names with entity designations; specify ownership percentages if multiple
  4. Current vesting — owner(s) per most recent deed with recording reference (instrument number or book/page)
  5. Legal description — verbatim from deed or survey; jurisdiction-appropriate format (metes and bounds, lot/block, government survey); include plat references; separate multiple parcels

Schedule B, Part I — Requirements

List all conditions for policy issuance in closing-timeline order:

  1. Premium and fees payment
  2. Purchase price / loan funding confirmation via settlement statement
  3. Conveyance instrument — deed executed, acknowledged, recorded
  4. Existing lien releases — payoff statements + recorded satisfactions for all non-surviving mortgages, DOTs, judgment liens, tax liens
  5. Owner's affidavit — possession, mechanic's liens, unrecorded interests, recent improvements
  6. Entity authority — good standing, resolutions, incumbency certificates (if entity parties)
  7. Survey — current ALTA/NSPS if needed to remove standard survey exception
  8. Gap coverage — gap indemnity or bring-down search if effective-to-closing gap exists

Distinguish requirements due before, at, and after closing.

Schedule B, Part II — Exceptions

Open with: policy will not insure against loss from the following unless removed or modified prior to closing.

Standard exceptions (removable by endorsement — note applicable ALTA endorsement form number):

  • Rights/claims of parties in possession not in public records
  • Easements not shown by public records
  • Encroachments, boundary issues discoverable by survey/inspection
  • Mechanic's/materialmen's liens not yet of record
  • Taxes/assessments not yet shown as liens

Specific exceptions — each must include full detail:

Type Required Detail
Real property taxes Current year status; prior year confirmation
CC&Rs Recording reference; subdivision/HOA designation
Easements Holder, purpose, location, recording ref; appurtenant vs. servient
Surviving mortgages/DOTs Lender, original principal, recording ref, estimated balance
Judgments/liens Creditor, amount, recording ref; property vs. owner's interest
Lis pendens Case number, court, nature of action
Special assessments/CDD Authority, purpose, amount, payment status
Mineral/subsurface rights Scope of severance, recording reference

Pitfalls and Checks

  • Every recorded-document reference needs jurisdiction-appropriate locator info (instrument number OR book/page OR official record number)
  • Maintain exact consistency in party names, legal descriptions, and recording references throughout
  • If assuming existing financing, except the surviving lien in Part II — do not list it as a requirement to release
  • Do not draft endorsements inline; reference applicable ALTA endorsement form numbers only
  • Spell out months in dates; use $X,XXX,XXX.00 for dollar amounts
  • Mark any unverifiable citation or statutory reference as [VERIFY]

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