Title Producer study materials
Title Producer study resources

Title Producer key terms

Title Producer · Get comfortable with the vocabulary.

Title insurance

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.

Related: Owner's policy, Loan policy, Date of policy
Owner's 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.

Related: Title insurance, Loan policy
Loan policy

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.

Related: Owner's policy, Title insurance
Duty to defend

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.

Related: Covered risks, Exclusions
Date of policy

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.

Related: Title insurance, Title commitment
Fee simple absolute

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.

Related: Life estate, Marketable title
Life estate

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.

Related: Fee simple absolute
Easement

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.

Related: Fee simple absolute
General warranty 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.

Related: Quitclaim deed
Quitclaim deed

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.

Related: General warranty deed, Curative work
Tenancy in common

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.

Related: Joint tenancy with right of survivorship
Joint tenancy with right of survivorship

Co-ownership with equal undivided shares in which a deceased owner's share automatically passes to the surviving owners, avoiding probate of that share.

Related: Tenancy in common
Adverse possession

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.

Related: Fee simple absolute, Marketable title
Marketable title

Title free from reasonable doubt that a prudent buyer would accept; standard sale contracts usually require the seller to deliver it at closing.

Related: Cloud on title, Title commitment
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.

Related: Mechanic's lien, Judgment lien
Mechanic's lien

A claim filed by a contractor, subcontractor, or supplier who was not paid for labor or materials that improved the property.

Related: Lien, Cloud on title
Judgment 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.

Related: Lien
Lis pendens

A recorded notice that a lawsuit affecting the property is pending; it warns buyers and lenders that ownership may be decided by that case.

Related: Cloud on title
Cloud on title

An outstanding claim, document, or defect that raises doubt about ownership and can block a sale or loan until it is removed.

Related: Curative work, Marketable title
Chain of title

The unbroken sequence of recorded transfers from the original owner to the present one, showing that each holder validly passed the property along.

Related: Title search, Title examiner
Title search

A review of public records - deeds, mortgages, liens, judgments, and court files - to identify everyone holding or claiming an interest in the property.

Related: Title examiner, Abstract of title
Title examiner

The specialist who reviews search results, judges which recorded items affect title, and decides what must be cleared or excepted before a policy issues.

Related: Title search, Curative work
Abstract 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.

Related: Title search, Chain of title
Title commitment

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.

Related: Schedule A, Schedule B
Schedule A

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.

Related: Schedule B, Title commitment
Schedule B

The section that lists the requirements to be satisfied before closing and the specific exceptions to coverage that will appear in the issued policy.

Related: Schedule A, Exclusions
Endorsement

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.

Related: Covered risks, Exclusions
Covered risks

The specific perils the policy promises to insure against, such as forgery, undisclosed heirs, or documents signed by someone lacking legal capacity.

Related: Exclusions, Duty to defend
Exclusions

Matters the policy never covers, such as governmental actions, certain environmental hazards, and defects the insured created or knew about before closing.

Related: Covered risks, Endorsement
Underwriting

The process of weighing search findings and other risk factors to decide whether to insure, at what premium, and with which requirements and exceptions.

Related: Title examiner, Curative work
Curative work

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.

Related: Cloud on title, Title examiner
Subrogation

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.

Related: Duty to defend
Escrow

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.

Related: Settlement statement, Title agent
Settlement statement

A closing document itemizing the money each side pays and receives, including loan charges, taxes, insurance, and prorated items.

Related: Escrow
Title agent

A licensed person or business authorized by an underwriter to issue commitments and policies and to collect premiums on the underwriter's behalf.

Related: Escrow, Fiduciary duty
Fiduciary duty

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.

Related: Escrow, Title agent
Kickback

An unearned payment or thing of value given for referring settlement business; federal and state law generally prohibit it in real estate transactions.

Related: Fiduciary duty
Continuing education

Coursework a licensee must complete each renewal cycle to keep the license active and stay current on title law and practice.

Related: Title agent
Unauthorized practice of law

Giving legal advice or drafting legal documents, such as deeds, without a law license; title licensees must stay within the activities their license permits.

Related: Title agent, Curative work