| name | commitment-and-curative |
| description | Build the title commitment and clear it: separate Schedule B-I requirements from Schedule B-II exceptions, and decide each defect as cure vs insure-over vs except. Clear the requirements before you close; insure-over only with underwriter approval. Underwriter/jurisdiction specifics are verify-at-use. |
Commitment & Curative
Structure the commitment honestly and clear it deliberately. The commitment is the underwriter's promise to insure if the requirements are met and except what is carved out.
Advisory, not legal or underwriting advice. Commitment forms, standard exceptions, and curative sufficiency are underwriter-/jurisdiction-specific and change — every specific here is [verify-at-use]. The binding insurability call is the underwriter's. No PII.
The commitment's two schedules
| Schedule | Contains | Meaning |
|---|
| B-I — Requirements | What must happen before the policy issues (payoffs, releases, corrective deeds, affidavits, entity docs) | Not satisfied → no policy |
| B-II — Exceptions | What the policy will not cover (easements, CC&Rs, standard exceptions, matters excepted by choice) | Carved out of coverage |
Standard vs added exceptions: know which standard exceptions (survey, mechanic's lien, parties in possession) can be removed and what removes them (survey, affidavit, indemnity) — [verify-at-use] against the underwriter's rules.
The curative decision — cure vs insure-over vs except
| Path | When | Mechanism |
|---|
| Cure | The defect can and should be eliminated | Payoff + release, corrective/quitclaim deed, affidavit, quiet-title action |
| Insure over | Cure is impractical and risk is acceptable to the underwriter | Underwriter approval within guidelines ([verify-at-use]); often with indemnity |
| Except | The matter stays on title and is carved out of coverage | Add to Schedule B-II; disclose to insured |
The rule: the path follows the risk to marketability and the underwriter's appetite — cure what should be cured, insure over only with approval, except knowingly. Clear the requirements before you close.
Workflow
- From the examination, list every defect and encumbrance (see
../title-search-and-examination/SKILL.md).
- Traverse the clear a title exception decision tree for each.
- Assign each to B-I requirement or B-II exception; draft the curative action or the exception language.
- Escalate anything off-guideline or above your authority to the underwriter with your read.
- Track requirement clearance to zero-open before setting the closing.
Read metrics
| Signal | What it tells you |
|---|
| Open requirements at clear-to-close | Whether you are closing on an unclean commitment |
| Curative aging (days from exam to cleared) | Where the pipeline stalls after examination |
| Insure-over rate without documented approval | An unauthorized-risk exposure |
See also
