Your Title Commitment: What to Review Before Closing

Buying a home means buying more than the building. You’re also buying ownership rights—and those rights may come with recorded agreements, restrictions, or claims that deserve a closer look.

That’s why I encourage buyers to review the title commitment as soon as it arrives. It may not be the most exciting document in your inbox, but it can raise important questions while there’s still time to address them.

Here in the Denver area, that could mean understanding a shared driveway, confirming that an old loan will be paid off, or finding out who can access a utility easement. Here’s how I suggest approaching this stage, step by step.

Step 1: Get the Commitment and Put the Deadlines on Your Calendar

A title commitment outlines the conditions under which a title insurer is willing to issue a policy. It is not the final policy, and it is not a promise that the property has no problems.

Think of it as a preview with two important lists: things that must happen before coverage is issued, and matters the proposed policy will not cover.

Ask your real estate agent or title contact for:

• The complete title commitment, including all schedules and attachments.
• Copies of the recorded documents referenced in the exceptions.
• Any available survey or improvement location certificate.
• The title-related deadlines in your purchase contract.

An improvement location certificate generally shows improvements in relation to property boundaries, but it is not the same as a boundary survey.

In Colorado transactions, title documents and objections may have specific contract deadlines. Ask your agent to identify the dates that apply to your agreement. If you need help understanding your legal rights or making a formal objection, involve a qualified real estate attorney before the deadline passes.

Step 2: Check the Property and Ownership Details

Start with the basic information, often found in Schedule A. The exact layout can vary, so ask the title company to help you locate anything you cannot find.

Look for the current owner, proposed insured parties, policy types, proposed coverage amounts, and legal description.

Your practical checklist is simple:

• Does the listed seller match the party selling you the home?
• Are your name and any co-buyer’s name accurate?
• Does the commitment include the property you agreed to buy?
• Are separately deeded spaces or additional parcels accounted for?

The street address alone is not enough. The legal description identifies the land being transferred. If the listing includes an adjacent lot, parking space, or other separately owned interest, ask how that interest appears in the title paperwork.

Also, don’t guess about how you should hold ownership with another person. Different ownership arrangements can carry different legal and estate-planning consequences. The title company can explain its paperwork process, but a qualified attorney should help you choose an arrangement suited to your situation.

Step 3: Find Out What Must Be Cleared Before Closing

Next, review the requirements, often listed in Schedule B, Part I. These are conditions that must be satisfied for the title insurer to issue the proposed coverage.

Some are routine. Others may require extra documents or time.

Examples include:

• Paying off the seller’s existing mortgage.
• Obtaining releases for certain recorded liens.
• Recording the deed and new mortgage documents.
• Providing documents showing who can sign for a trust, estate, or business.
• Resolving certain unpaid taxes or assessments.

Seeing the seller’s mortgage listed does not automatically mean something is wrong. Paying it off through closing is a normal part of many sales. What matters is whether there is a clear process for satisfying the requirement and obtaining the necessary release.

For each item that raises a question, ask: Who is handling this, what is needed, and when should it be resolved?

Keep a short written list. “The title company is waiting for a payoff statement” is more useful than “They’re working on it.” If a requirement could affect the closing date, let your agent and me know promptly so we can coordinate the financing timeline.

Step 4: Read the Exceptions Against Your Plans for the Home

The exceptions, often in Schedule B, Part II, describe matters excluded from the proposed coverage. Some may remain after closing even when all requirements have been satisfied.

This is where your plans for the property become especially important.

A utility easement may allow a utility company to access part of the lot. A recorded shared-driveway agreement may address access or maintenance. Restrictive covenants may limit certain property uses or improvements.

Don’t stop at the exception’s brief label. Ask for the underlying document and a plain-language explanation of what the title insurer is excluding. For an interpretation of your obligations or rights, speak with a real estate attorney.

Then connect the paperwork to real life:

• If you want a fence, does an easement cross the proposed location?
• If you share a driveway, is there a recorded agreement addressing maintenance?
• If access crosses another parcel, what documents establish that access?
• If you plan an addition, are there recorded restrictions worth reviewing first?

A title review does not replace zoning research, permit checks, or a survey. A policy also does not give permission to build.

If an exception mentions survey matters, encroachments, or boundary issues, ask what additional information might clarify the risk and whether different coverage is available. Don’t assume a visible fence marks the legal boundary—or that ordering a survey automatically removes an exception.

Step 5: Confirm Coverage and Get Unresolved Questions in Writing

Before this stage is complete, make sure you understand the difference between the proposed policies.

A lender’s title policy protects the lender’s interest under its terms. It does not substitute for an owner’s policy protecting your ownership interest. An owner’s policy has its own coverage, exclusions, exceptions, and conditions.

Ask the title company:

• Is an owner’s policy included in this transaction?
• What coverage is proposed, and what alternatives are available?
• Which exceptions will remain in the final policy?
• What requirements are still outstanding?
• How will I receive the final policy after closing?

Who pays for a policy depends on the contract and transaction. Don’t assume that local custom settles what your agreement says.

If an issue needs attention, ask your agent and, when appropriate, your attorney about your options under the contract. Those options depend on the documents, deadlines, and facts—not simply on whether you dislike an exception.

Keep written responses and any revised commitment together. If the commitment changes before closing, review the changes rather than relying on the earlier version. After closing, save the final policy with your ownership records and follow up if it does not arrive when expected.

Let's Talk

You don’t need to become a title expert to buy confidently. You do need the right questions and the right people helping you answer them.

I’m Mack Humphrey, CMPS, with Team Humphrey at First Coast Mortgage Alliance. Buying in Denver or Aurora? Call (720) 771-1308 or reach out to me for a no-pressure conversation about your purchase and financing timeline.