Category: Title Insurance

  • How to Read a Title Commitment: A Realtor’s Guide

    How to Read a Title Commitment: A Realtor’s Guide

    The title commitment is one of the most important documents in a transaction, yet many agents only skim it. Knowing how to read it helps you spot problems early, answer client questions, and protect your closing date.

    Schedule A: the basics

    Schedule A shows the effective date of the search, the proposed policy amounts (owner’s and lender’s), the proposed insured parties, who currently holds title, and the legal description. Check that names, the property address, the sales price, and the loan amount match the contract and lender.

    Schedule B, Part I: requirements

    These are items that must be satisfied before the policy can be issued. Typical requirements include:

    • Payoff and release of the seller’s mortgage(s)
    • Payment of delinquent taxes or liens
    • Recording of the new deed and deed of trust
    • Probate documents, powers of attorney, or entity authority documents
    • Signatures from a non-titled spouse, where required

    Agent tip: anything unusual here — estates, judgments, LLC sellers, powers of attorney — is your early warning sign. Ask the title team what’s needed and set expectations with your client right away.

    Schedule B, Part II: exceptions

    Exceptions are items the policy will not cover. Standard exceptions often include matters a survey would reveal, rights of parties in possession, and current-year taxes. Specific exceptions list recorded easements, restrictive covenants, HOA declarations, and setback lines. Buyers should understand these, especially if they plan to add a pool, fence, or addition.

    Red flags to call about

    • A seller name that doesn’t match your listing agreement
    • Lis pendens or pending litigation
    • Multiple mortgages or old open liens
    • Easements running through the buildable area
    • A legal description that doesn’t match the plat

    Use the portal

    Sure Title partners can view the commitment and file milestones in Qualia Connect, so you’re never waiting on an emailed PDF to know where things stand.

    Need help with a Memphis or North Mississippi closing? Email orders@suretitleco.com or call (901) 881-0606. Sure Title Company handles title insurance, escrow, and closings for buyers, sellers, Realtors®, and lenders.

    Related: For Realtors · Our Technology · Mortgage Calculators

    This article is general information, not legal, tax, or financial advice. Every transaction is different — consult your attorney, lender, or tax professional about your situation.

  • Inheriting a Home in Tennessee: Title Steps Heirs Should Know

    Inheriting a Home in Tennessee: Title Steps Heirs Should Know

    Inheriting a home often comes during an emotional time. If you plan to sell, refinance, or keep the property, getting the title in order is an important first step.

    Why title matters after a death

    When an owner passes away, the property doesn’t automatically become sellable by the family. The title must show who now has the legal right to convey it. Until that’s established, a title company generally can’t insure a sale.

    Common ways property passes

    • Joint ownership with survivorship: the surviving owner may already hold title; a death certificate and affidavit may be enough.
    • A will: the estate typically goes through probate, and a personal representative may be authorized to sell.
    • No will: state law determines heirs, and additional documentation or court involvement may be needed.
    • A trust: the trustee may be able to sell according to the trust terms.

    What the title company will ask for

    • A certified death certificate
    • Probate court documents (letters testamentary or of administration), if applicable
    • The will or trust documents, if relevant
    • Information about all heirs and their spouses
    • Payoffs for any mortgages, liens, or unpaid taxes

    Talk to an attorney early

    Estate and probate rules are legal matters, and every family situation is different. We strongly recommend working with a Tennessee estate or probate attorney. Sure Title coordinates with your attorney so the sale can close as soon as the paperwork is in place.

    Selling an inherited home

    Let your Realtor® and title company know about the estate as soon as you list. Starting the title review early prevents last-minute delays once you have a buyer.

    Need help with a Memphis or North Mississippi closing? Email orders@suretitleco.com or call (901) 881-0606. Sure Title Company handles title insurance, escrow, and closings for buyers, sellers, Realtors®, and lenders.

    Related: Title Insurance · Common Title Problems · Contact Us

    This article is general information, not legal, tax, or financial advice. Every transaction is different — consult your attorney, lender, or tax professional about your situation.

  • 7 Common Title Problems That Delay Closings (and How We Fix Them)

    7 Common Title Problems That Delay Closings (and How We Fix Them)

    Most closings go smoothly, but when a delay happens, a title issue is often the cause. The good news: experienced title teams find these early and know how to clear them.

    1. An old mortgage that was never released

    The seller paid off a loan years ago, but the lender never recorded a release. We contact the lender (or its successor) for a release, or use underwriter-approved procedures to clear it.

    2. Unpaid property taxes

    Delinquent city or county taxes become liens on the property. They’re paid at closing from the seller’s proceeds.

    3. Judgment liens

    A court judgment against the seller — or someone with a similar name — can attach to real estate. We confirm whether it applies and arrange payoff or an affidavit when appropriate.

    4. Contractor or mechanic’s liens

    Unpaid contractors may file liens for work performed. These must be paid, bonded, or released before closing.

    5. Estate and heirship issues

    If a prior owner passed away, the property may need to go through probate or heirship documentation before it can be sold. These files take longer, so let us know early.

    6. Divorce and spousal rights

    A divorce decree may affect who must sign the deed. We review the decree and make sure the right people sign.

    7. Legal description or boundary errors

    Typos in prior deeds, plat discrepancies, or survey issues may require corrective documents.

    How to avoid delays

    • Send the contract to the title company as soon as it’s signed.
    • Sellers: share any knowledge of estates, divorces, liens, or past refinances early.
    • Respond quickly to requests for payoff authorizations and information sheets.
    • Use the online portal so documents are never stuck in an inbox.

    Need help with a Memphis or North Mississippi closing? Email orders@suretitleco.com or call (901) 881-0606. Sure Title Company handles title insurance, escrow, and closings for buyers, sellers, Realtors®, and lenders.

    Related: Title Insurance · For Realtors · Closing Services

    This article is general information, not legal, tax, or financial advice. Every transaction is different — consult your attorney, lender, or tax professional about your situation.

  • Owner’s vs. Lender’s Title Insurance: What Tennessee Buyers Need to Know

    Owner’s vs. Lender’s Title Insurance: What Tennessee Buyers Need to Know

    At a Tennessee closing you’ll often see two title insurance policies on your settlement statement: a lender’s policy and an owner’s policy. They sound similar, but they protect very different people.

    The lender’s policy

    If you’re financing your purchase, your lender will almost always require a lender’s policy. It protects the lender’s interest in the property up to the loan amount. As you pay down your mortgage, the coverage effectively shrinks, and it ends when the loan is paid off. Importantly, it does not protect you.

    The owner’s policy

    An owner’s policy protects your equity — typically up to the purchase price — for as long as you or your heirs own the property. If a covered title defect surfaces years later, the policy can pay for legal defense and covered losses. Examples include:

    • A forged signature on a prior deed
    • An heir who was never accounted for in an earlier estate
    • Recording or indexing mistakes in county records
    • A previous owner’s lien that was never properly released

    One premium, long-term protection

    Unlike homeowners insurance, title insurance is paid once, at closing. There are no monthly premiums. When a lender’s and owner’s policy are issued together, they’re usually priced more efficiently than buying either one separately.

    Who pays in Memphis?

    Who pays for each policy is negotiable and set by your purchase contract. In the Memphis market it’s common for the seller to pay for the owner’s policy and the buyer to pay for the lender’s policy, but your contract controls. Your Realtor® can explain what’s customary for your deal.

    Is an owner’s policy really necessary?

    It’s optional — but it’s the only coverage that protects your ownership against covered title problems. Considering it’s a one-time cost on what is usually the largest purchase of your life, most buyers choose to have it.

    Our underwriters

    Sure Title issues policies through Fidelity National Financial (FNF National Agency) and First American Title Insurance Company — two of the largest, most financially stable title insurers in the country.

    Need help with a Memphis or North Mississippi closing? Email orders@suretitleco.com or call (901) 881-0606. Sure Title Company handles title insurance, escrow, and closings for buyers, sellers, Realtors®, and lenders.

    Related: Title Insurance · FAQ · Closing Services

    This article is general information, not legal, tax, or financial advice. Every transaction is different — consult your attorney, lender, or tax professional about your situation.