Understanding the Architecture of a Commercial Title Commitment
A title commitment is not a title policy; it is an executory agreement by a title insurer to issue a policy upon satisfaction of specified closing conditions. In commercial lending, underwriters scrutinize three distinct schedules:
Schedule A: Core Transaction Terms
- Policy Amount: Must equal the maximum principal loan amount approved by credit committee.
- Named Insured: Must name the Lender, its successors and/or assigns as their interests may appear.
- Estate Insured: Fee simple, leasehold estate, or easement interest.
- Legal Description: Must match the recorded deed and certified ALTA survey verbatim.
Schedule B-1: Requirements for Closing
Schedule B-1 enumerates all actions that must occur prior to policy issuance, including payoff and release of existing deeds of trust, payment of delinquent property taxes, verification of borrower corporate good standing, and execution of closing affidavits.
Schedule B-2: Exceptions from Coverage
Schedule B-2 lists encumbrances that the title company refuses to insure against. Lenders require title counsel to review every item, demanding the removal of unrecorded easements, mechanic's lien exceptions, and open-ended blanket encumbrances.
