Decoding Your Arizona Commitment for Title Insurance: A Home Buyer's Guide

As a home buyer, understanding every document involved in the home buying process is crucial, especially the commitment for title insurance. A title insurance policy safeguards you from potential defects or issues with the property's title that may surface after purchase. The commitment for title insurance offers a preliminary report that details the conditions under which a title insurance company will issue its policy. This article will guide home buyers in understanding the various sections of a commitment for title insurance and highlight key points to focus on.

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Section 1: Schedule A 

 Schedule A delivers key information about the title insurance policy, such as:

  • Effective Date: Reflects the date until which the title search was conducted. Any title issues found until this date will be outlined in the commitment.
  • Proposed Insured: Displays the potential buyer(s) and lender(s), if any.
  • Policy Amount : Represents the coverage amount provided by the title insurance policy. Usually, this is the purchase price for the owner's policy and the loan value for the lender's policy.
  • Estate or Interest: Describes the type of ownership interest (e.g., fee simple) in transition.
  • Legal Description: Offers a comprehensive property description, covering boundaries, lot number, and subdivision name.

Section 2: Schedule B-I (Requirements) 

Schedule B-I enumerates the specific prerequisites that must be fulfilled before the title insurance policy is issued. These include:

  • Clearing of existing liens or mortgages.
  • Discharge of judgments, tax liens, or other burdens.
  • Proper execution and recording of the deed.
  • Settlement of property taxes.
  • Adherence to any property-related easements or restrictions.

It's imperative to familiarize yourself with and meet these requirements as they're pivotal for the closing process.

Section 3: Schedule B-II (Exceptions) 

Schedule B-II details the standard and specific exceptions not covered by the title insurance policy. They encompass:

  • Standard Exceptions: Typical exclusions like boundary disputes, unseen easements in public records, or unlisted liens or encumbrances.
  • Specific Exceptions: Issues discovered during the title search that pertain to the property. Examples are recorded easements, CC&Rs (covenants, conditions, and restrictions), or other agreements.

It's essential to thoroughly inspect Schedule B-II since these exceptions indicate items not covered by the title insurance company. If any of the exceptions raise concerns, consult with your title agent or real estate attorney.

Section 4: Conditions and Stipulations 

This segment elaborates on the general terms, conditions, and stipulations pertaining to the title insurance policy. It covers:

  • Scope and limits of the policy coverage.
  • Duties and rights of the policyholder.
  • Protocols for claim filing or dispute resolution.

Diligently review this section to gain clarity on your obligations and rights under the policy.

A clear grasp of your commitment for title insurance is pivotal in securing your home investment. By meticulously examining each section and addressing potential queries with your title agent or real estate attorney, you ensure an informed approach and pave the way for a seamless closing. The title insurance policy is there to shield you from unforeseen title challenges that might emerge post-purchase, making understanding the commitment an invaluable effort.

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