August 25, 2017

Exceptions to Title Coverage

Written By

Christopher C. Wischer
Member, Stoll Keenon Ogden PLLC

Buyer and lender often require a title insurance commitment in connection with a real estate transaction.  Many times, a buyer or lender will focus on the items listed on Schedule B-1 of the title insurance commitment, which lists the requirements that must be complied with prior to issuance of a title insurance policy. 

However, Schedule B-2 of the commitment is often times glossed over or overlooked entirely. Schedule B-2 lists those items that will appear as exceptions to coverage on the title insurance policy. Many of the listed exceptions, e.g. easements and restrictive covenants, may have a significant impact on future use of the real estate. 

These exceptions can only be effectively evaluated through a careful review of the documents themselves.  Additionally, a review of the documents may reveal that certain items should be deleted from the commitment and policy.

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