Title Commitment and Title Curative in Texas
A title commitment is the title company's promise to issue a title insurance policy if its conditions are met. In Texas it lists the property and owner, the exceptions the policy will not cover, and the requirements that must be satisfied before closing. Title curative means fixing the problems it reveals, such as unreleased liens, missing signatures or gaps in the chain of title, through releases, affidavits, correction instruments or a court action.
The parts of a commitment
| Part | What it shows |
|---|---|
| Schedule A | The property, the proposed insured, the policy amount and the current owner |
| Schedule B | Exceptions to coverage, such as easements, restrictions, mineral reservations and taxes |
| Schedule C | Requirements to be met before the policy issues, such as paying off liens or recording documents |
Texas title policies and forms are largely promulgated by the Texas Department of Insurance, so the structure is consistent across title companies.
Reading the exceptions
- Standard exceptions. General exceptions such as rights of parties in possession and survey matters. Some can be removed by paying for an amendment and providing a survey.
- Recorded easements and restrictions. Utility easements, covenants and building restrictions that run with the land.
- Mineral reservations. Prior owners often reserved oil, gas and other minerals. See severed mineral rights.
- Liens and taxes. Items to be paid or released at closing.
Common title problems
- An unreleased prior lien or deed of trust.
- A missing spouse's signature on a homestead conveyance.
- A probate or heirship gap, where a prior owner died and no one has transferred title.
- Mistakes in a legal description or a name in an earlier deed.
- A judgment lien against a prior owner.
- Boundary or encroachment issues the survey reveals.
Curative tools
| Problem | Typical fix |
|---|---|
| Paid-off lien never released | Obtain a recorded release from the lender |
| Scrivener's error in a recorded deed | Correction instrument under the Property Code procedures |
| Unclear heirship | Affidavit of heirship or a court heirship proceeding |
| Competing claims | Quiet title or trespass to try title suit |
| Boundary uncertainty | Updated survey and a boundary agreement |
Timing and tactics
Review the commitment as soon as you receive it, since curative can take longer than the closing schedule allows. Buyers typically send a written title objection within the contract's deadline, and the contract states how the seller must respond. If a problem cannot be solved, the buyer may be able to terminate and recover earnest money. See option periods and earnest money disputes.
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Book Free ConsultationFrequently asked questions
What is the difference between a title commitment and a policy?
The commitment is the preview and promise. The policy issues at closing after requirements are met.
Can I remove a standard exception?
Often the area and boundary exception can be amended with a survey and an additional premium, set by Texas rules.
What if the seller cannot cure a title defect?
The buyer may terminate and recover earnest money under the contract, or accept the defect.
Do I need a lawyer for curative work?
Complex issues like heirship, quiet title and boundary disputes usually need one.