Your title commitment just arrived. Now what? If you are buying in Westlake, Denton County, you want zero last-minute surprises and a smooth closing. Understanding how to read this document helps you spot issues early, ask the right questions, and protect your plans for the property. In this guide, you will learn how Schedules A through D work, what common exceptions mean in Texas, the Westlake-specific items to double-check, and a clear checklist and timeline. Let’s dive in.
What a Texas title commitment is
A title commitment is the title company’s promise to issue a title insurance policy at closing, as long as certain conditions are met. It also lists the exceptions that the policy will not cover unless removed or endorsed. Reading it closely and early helps you identify risks and cures before you get to the closing table.
You will see the commitment organized by Schedules A, B, C, and D. Each schedule serves a different purpose and tells you something specific about your transaction.
How to read Schedules A–D
Schedule A: Core facts to verify
Schedule A confirms the basics: title insurer, proposed insureds, the policy types (owner’s and/or lender’s), effective date and time, estate to be insured (usually fee simple), how you will hold title, legal description, and insurance amounts.
- Compare the legal description to your contract and survey. They should match exactly.
- Confirm your names are spelled correctly and vesting matches your plan.
- Make sure the effective date is current, so recent recordings are captured.
Schedule B: Requirements and exceptions
Schedule B usually has two parts. Requirements are the to-dos before the policy can be issued. Exceptions are items the policy will not cover unless removed or endorsed.
- Requirements often include lien payoffs, a deed from the seller, tax payments, HOA documents, and a current survey.
- Exceptions often include easements, covenants and restrictions, mineral reservations, unpaid taxes or assessments, and matters shown on the plat or survey.
- Treat Requirements as your closing checklist. Treat Exceptions as risks that will remain unless you address them.
Schedule C: Special conditions to resolve
Depending on the title company’s format, Schedule C highlights issues the insurer needs more information about or will not cover without extra steps. Examples include chain-of-title gaps, ambiguous deeds, or survey encroachments.
- Ask your title officer which items need action, what documentation is required, and whether an endorsement can address them.
Schedule D: Documents reviewed and fees
Schedule D lists the recorded documents the title company used to prepare the commitment, such as deeds, mortgages, easements, plats, and judgments. It may also show parties, fees, and contact information.
- Use Schedule D as your roadmap to the source records. Ask for copies of any instrument that creates an exception.
Common exceptions in Texas and what they mean
Understanding typical exceptions helps you evaluate real risk. Here is what you are likely to see and why it matters.
- Recorded easements (utility, drainage, access, pipeline, TxDOT): These give others the right to use part of the property for a specific purpose. They usually cannot be removed. They can limit building, landscaping, and pool placement. Your survey should locate them.
- Deed restrictions and CC&Rs: Subdivision rules that govern use and design. These run with the land and are not curable. Review association documents and seller disclosures before you commit to improvements.
- HOA/POA matters: You may see liens for unpaid dues or references to association rules. Unpaid assessments are typically paid at closing. Obtain the HOA resale certificate early. It discloses dues, pending assessments, and key rules.
- Mineral reservations: Prior owners may have reserved oil, gas, and mineral rights. Reservations are not curable. Ask whether there are any recorded leases and what surface rights could be affected.
- Taxes and special assessments: Unpaid ad valorem taxes and special district taxes can be liens. The title company will obtain tax certificates and prorate taxes at closing. Confirm whether any special districts apply.
- Judgments, liens, and UCC filings: Creditors’ claims recorded against the seller must be paid off or released. Unresolved liens can block closing.
- Rights of parties in possession: Tenants or unrecorded occupancy rights can bind the property. Your title officer may need affidavits or lease terminations.
- Boundary, encroachment, and survey exceptions: If a fence, driveway, or structure crosses a line, it can impact future plans. A current survey and the right endorsements can help, but coverage is limited.
- Municipal and government matters: Zoning, code issues, and plat notes affect use but are typically not covered by title insurance. Review plat building lines and any dedications.
- Unrecorded or prescriptive easements: These can arise from long-term use. They are harder to verify and remove. Seller disclosures and local knowledge are key.
Westlake and Denton County specifics to check
Westlake’s setting and development patterns shape the exceptions you will see and the questions to ask.
- Drainage and landscape easements: Many Westlake properties include drainage easements to manage stormwater. Confirm locations on the plat and survey to avoid conflicts with planned improvements.
- Floodplain and water-adjacent areas: Properties near creeks or low areas may have flood constraints or additional easements. Verify flood zone status and review any elevation data available.
- Special districts (MUDs and others): Some neighborhoods rely on utility or special districts that levy additional taxes. Check tax certificates and appraisal records for all taxing units tied to the property.
- Mineral reservations and leases: Mineral severances are common in Texas. Review Schedule D for any deed reserving minerals and ask if any recorded leases exist.
- POAs with architectural controls: Many Westlake communities use property owner associations with architectural review. Request the resale certificate and full CC&Rs, bylaws, meeting minutes, and fee schedules early.
- Roadway and TxDOT items: If a property fronts a state or county roadway, look for DOT easements or planned corridor projects that may appear as exceptions.
- Local sources to consult: Denton County Clerk records, Denton Central Appraisal District, Denton County Tax Office, Town of Westlake planning and development, and FEMA flood resources.
Example A: Pool plan meets a drainage easement
Your commitment lists a drainage easement across the rear yard. The survey shows it overlaps the planned pool pad. Options include redesigning the pool location and confirming endorsement availability with your title officer. Releases of drainage easements are uncommon in residential settings.
Example B: POA lien and restrictions
Schedule B shows an association assessment lien and restrictions of record. Request the resale certificate. Require the seller to clear the lien and record a release before closing. Review architectural rules for any planned exterior work.
Example C: Reserved minerals
Schedule D references an earlier deed that reserved all oil, gas, and minerals. Ask your title officer if any recorded leases exist and what practical surface rights could be exercised. Decide whether you need additional endorsements or disclosures.
What to ask your title officer
Use these focused questions as you review the commitment together:
- Schedule A: Does the legal description match the contract and survey exactly? Are our names and vesting correct? What is the effective date?
- Schedule B Requirements: Which items must the seller satisfy, and what proof will you need to clear them?
- Schedule B Exceptions: For each exception, what is the recorded instrument and where is it found in Schedule D? Which can be removed or covered by endorsement?
- Schedule C: What items require action, and who is responsible?
- Survey and plat: Is there a current survey? Does the commitment include a standard survey exception or “matters shown on plat” exception? Do building lines affect planned work?
- HOA/POA: Has the seller provided the resale certificate and all required documents? Any pending or special assessments?
- Taxes and districts: Are all taxes current? Is the property in a MUD or other district with additional levies?
- Minerals: Do Schedule D documents show reservations or leases? What surface rights could be impacted?
- Encroachments: Do survey notes show any encroachments or boundary conflicts? What coverage is available?
- Endorsements: Which endorsements do you recommend here, what do they cost, and what do they cover?
Timeline and next steps in Westlake
Stay ahead of deadlines with this sequence.
- Order the title commitment as soon as the contract is executed. Expect delivery in about 7 to 10 days after the title company receives the contract.
- Obtain or confirm a current ALTA/NSPS survey. Compare it to Schedule B and the recorded plat.
- Request the HOA/POA resale certificate and full CC&Rs and bylaws immediately. Review for restrictions and assessments.
- Read the recorded instruments listed in Schedule D for any major exception, and ask your title officer for copies.
- Require the seller to clear monetary liens, unpaid taxes, and association liens early. Obtain payoff statements and confirm release procedures.
- Decide on endorsements recommended by your title officer and get the details in writing.
- Resolve survey or chain-of-title issues well before closing. If needed, discuss escrow arrangements and release conditions.
- At closing, confirm the final owner’s and lender’s policies match the commitment and endorsements you approved.
Quick reading checklist
- Legal description, vesting, insureds, and effective date in Schedule A all match your paperwork.
- Seller obligations in Schedule B Requirements are clear and on track to be satisfied.
- Each Schedule B Exception is tied to a specific instrument in Schedule D, and you have read it.
- Survey, plat, building lines, and easements do not conflict with your plans.
- Taxes, MUDs, and assessments are current or will be paid at closing.
- HOA/POA documents are received and reviewed, including the resale certificate.
- Any mineral reservations or recorded leases are understood, with surface-use implications noted.
- Recommended endorsements and costs are confirmed in writing.
Important note
This guide is educational and not legal advice. If you have specific legal questions or complex title defects, consult a Texas real estate attorney or speak directly with your title officer.
If you would like a calm, seasoned approach to reviewing your title commitment and coordinating next steps with your title officer in Westlake, schedule a private consultation with Anna Lee.
FAQs
What is a Texas title commitment and why does it matter?
- It is the title company’s promise to issue a policy at closing, listing the requirements to close and the exceptions that will not be covered unless removed or endorsed.
What do Schedules A, B, C, and D cover in plain English?
- Schedule A confirms core facts; Schedule B lists requirements and exceptions; Schedule C flags special conditions; Schedule D cites the recorded documents and sources reviewed.
How do HOA or POA rules affect Westlake homes in Denton County?
- Association rules and liens often appear as exceptions; review the resale certificate and recorded CC&Rs early, and require any assessment liens to be paid and released before closing.
What should I do if a drainage easement conflicts with my pool plan?
- Confirm the easement’s exact location on the survey and plat, consult your title officer about endorsements, and consider redesigning the improvement to avoid the easement area.
How do MUD or special district taxes show up in a commitment?
- They may be noted as taxing units or unpaid assessments; your title company will obtain tax certificates, and any delinquencies must be paid at or before closing.
How long does it take to get a title commitment in Denton County?
- Typically about 7 to 10 days after the title company receives the executed contract, though timelines can vary with transaction complexity.
What endorsements should Texas buyers ask about generally?
- Ask your title officer about survey-related coverage, encroachment coverage, HOA assessment coverage, and mineral-related options, including costs and exact protections.