Reviewing Schedule C “Curative” of the Title Commitment

You’ve recently received a title commitment from your trusted escrow team at Heritage Title. By taking the time to review the materials provided, especially items listed on Schedule C, you can better prepare your seller to address any potential issues long before you get to the closing table. Listed below are common items that may require your seller’s attention:

• Sellers will need to provide contact information for their mortgage company, some lenders take longer than others.
• Any HOAs we find of record will be itemized. If your seller does not pay dues, we can ask more questions and decide if the HOA is inactive.
• If there is a requirement for a Waiver of Right of First Refusal from the HOA, a prior owner, or developer, we’ll need to start working on that quickly.
• Are there any unpaid/unreleased liens from prior owners? In many cases, we can remove these with a copy of the seller’s Owner’s Title Policy and underwriter approval. If not, we can start the process of tracking down a release.
• Do we see any Abstract of Judgements? We can work with your seller to determine if these liens are against your seller or someone of a similar name. If not your seller, we can have a Name Affidavit signed. If the AJ is related to your seller, we will want to start tracking down payoff information.
• If the property is new construction, we will look for any mechanic’s liens, and work with the seller and underwriting to get those cleared or obtain releases.
• Is the property still vested in a deceased owner? It’s critical that we receive any Wills, Estate documents, probates, or heirship affidavits as soon as possible.
• We’ll need to see Trust Agreements or LLC documents to confirm all is in order.
• Are the owners divorced or going through a divorce? We’ll review the divorce decree for any stipulations regarding the sale.
• If your seller has a Power of Attorney (POA) in place, we’ll need to review prior to closing, as our underwriters require certain formats. Additionally, we’ll need to track down the original, ink signed POA, a copy will not suffice.
• Sellers will need to provide their marital status. If your seller is in title by themselves, but they’re married, we will determine if this property is legally their Texas homestead and what their spouse will be required to sign.
• If the property is in a Municipal Utility District (MUD) or road district, we will locate the relevant Notice to Purchaser, as these should be included in the contract and again at closing.
• If the existing survey is approved, a note will be added requiring a T47 Affidavit. As a reminder, the date in #4 on the T47 must be the survey date, not the date the sellers purchased. We must know of any property changes since the survey was done. We are always happy to obtain quotes for new surveys on your behalf.

Should you have any questions, please reach out to your escrow team. Heritage Title Company is committed to excellence, and we look forward to working with you!