Title Producer key terms
Title Producer · Get comfortable with the vocabulary.
- Title insurance
- Related: Owner's policy, Loan policy, Date of policy
A policy, paid for with a single premium at closing, that protects an owner or lender from financial loss caused by title defects that existed before the policy date.
- Owner's policy
- Related: Title insurance, Loan policy
Coverage that protects the buyer or owner personally; the amount usually equals the purchase price, and protection continues for as long as the insured or their heirs keep an interest.
- Loan policy
- Related: Owner's policy, Title insurance
Coverage that protects the mortgage lender's interest in the property. Its amount typically shrinks as the loan balance is paid down and ends when the debt is satisfied.
- Duty to defend
- Related: Covered risks, Exclusions
The insurer's promise to pay the cost of defending the insured in court against covered title claims, including claims that ultimately turn out to be unfounded.
- Date of policy
- Related: Title insurance, Title commitment
The moment coverage starts. Events that occur or are recorded after the search cutoff but before this date can fall outside the policy's protection.
- Fee simple absolute
- Related: Life estate, Marketable title
The fullest form of ownership: the holder owns the property indefinitely, may sell, lease, or give it away, and it passes to heirs at death.
- Life estate
- Related: Fee simple absolute
Ownership lasting only for the lifetime of a named person. When that life ends, the property passes to a remainderman or back to the original grantor.
- Easement
- Related: Fee simple absolute
A right to use another person's land for a limited purpose, such as a driveway or utility line; it grants a right of use, not ownership, of the land itself.
- General warranty deed
- Related: Quitclaim deed
A deed in which the seller promises to defend the buyer's title against all claims, including defects created by earlier owners; it carries the broadest seller guarantees.
- Quitclaim deed
- Related: General warranty deed, Curative work
A deed that transfers only whatever interest the grantor may hold, with no promises about title quality; often used between relatives or co-owners to clear up a defect.
- Tenancy in common
- Related: Joint tenancy with right of survivorship
Co-ownership in which each person holds a separate share that can be sold or left to heirs; no owner has a right of survivorship over the others.
- Joint tenancy with right of survivorship
- Related: Tenancy in common
Co-ownership with equal undivided shares in which a deceased owner's share automatically passes to the surviving owners, avoiding probate of that share.
- Adverse possession
- Related: Fee simple absolute, Marketable title
A doctrine that lets someone gain title by occupying another's land openly, exclusively, and continuously for a period set by state law, often while paying the taxes.
- Marketable title
- Related: Cloud on title, Title commitment
Title free from reasonable doubt that a prudent buyer would accept; standard sale contracts usually require the seller to deliver it at closing.
- Lien
- Related: Mechanic's lien, Judgment lien
A charge against property that makes it security for a debt; if the debt goes unpaid, the property can be sold to satisfy it.
- Mechanic's lien
- Related: Lien, Cloud on title
A claim filed by a contractor, subcontractor, or supplier who was not paid for labor or materials that improved the property.
- Judgment lien
- Related: Lien
A lien created when a court judgment is recorded against an owner, letting the creditor collect the debt from the sale of the owner's real estate.
- Lis pendens
- Related: Cloud on title
A recorded notice that a lawsuit affecting the property is pending; it warns buyers and lenders that ownership may be decided by that case.
- Cloud on title
- Related: Curative work, Marketable title
An outstanding claim, document, or defect that raises doubt about ownership and can block a sale or loan until it is removed.
- Chain of title
- Related: Title search, Title examiner
The unbroken sequence of recorded transfers from the original owner to the present one, showing that each holder validly passed the property along.
- Title search
- Related: Title examiner, Abstract of title
A review of public records - deeds, mortgages, liens, judgments, and court files - to identify everyone holding or claiming an interest in the property.
- Title examiner
- Related: Title search, Curative work
The specialist who reviews search results, judges which recorded items affect title, and decides what must be cleared or excepted before a policy issues.
- Abstract of title
- Related: Title search, Chain of title
A chronological summary, prepared from a search, of every recorded document affecting a property, with a note of what each one does to the title.
- Title commitment
- Related: Schedule A, Schedule B
A pre-closing document identifying the proposed insured, the interest covered, the requirements that must be met, and the exceptions that will remain in the policy.
- Schedule A
- Related: Schedule B, Title commitment
The section of the commitment or policy naming the insured, stating the policy amount, describing the estate or interest covered, and giving the legal description.
- Schedule B
- Related: Schedule A, Exclusions
The section that lists the requirements to be satisfied before closing and the specific exceptions to coverage that will appear in the issued policy.
- Endorsement
- Related: Covered risks, Exclusions
A form attached to a policy that adds, removes, or alters coverage, such as waiving the survey exception or extending protection to an adjoining parcel later acquired.
- Covered risks
- Related: Exclusions, Duty to defend
The specific perils the policy promises to insure against, such as forgery, undisclosed heirs, or documents signed by someone lacking legal capacity.
- Exclusions
- Related: Covered risks, Endorsement
Matters the policy never covers, such as governmental actions, certain environmental hazards, and defects the insured created or knew about before closing.
- Underwriting
- Related: Title examiner, Curative work
The process of weighing search findings and other risk factors to decide whether to insure, at what premium, and with which requirements and exceptions.
- Curative work
- Related: Cloud on title, Title examiner
Steps taken to fix a title problem - obtaining a missing release, an heirship affidavit, or a corrective deed - so the defect no longer burdens the property.
- Subrogation
- Related: Duty to defend
The insurer's right, after paying a claim, to stand in the insured's place and recover the loss from the party who caused it.
- Escrow
- Related: Settlement statement, Title agent
An arrangement in which a neutral party holds money and documents until agreed conditions are met, then releases funds to the seller and the deed to the buyer.
- Settlement statement
- Related: Escrow
A closing document itemizing the money each side pays and receives, including loan charges, taxes, insurance, and prorated items.
- Title agent
- Related: Escrow, Fiduciary duty
A licensed person or business authorized by an underwriter to issue commitments and policies and to collect premiums on the underwriter's behalf.
- Fiduciary duty
- Related: Escrow, Title agent
The obligation to act in the best interest of a client or principal, covering the handling of escrow funds, conflicts of interest, and disclosure of material facts.
- Kickback
- Related: Fiduciary duty
An unearned payment or thing of value given for referring settlement business; federal and state law generally prohibit it in real estate transactions.
- Continuing education
- Related: Title agent
Coursework a licensee must complete each renewal cycle to keep the license active and stay current on title law and practice.
- Unauthorized practice of law
- Related: Title agent, Curative work
Giving legal advice or drafting legal documents, such as deeds, without a law license; title licensees must stay within the activities their license permits.