A title commitment is an offer. The 2021 ALTA Commitment for Title Insurance says so in capital letters: it “is an offer to issue one or more title insurance policies” (2021 ALTA Commitment). It also says what it is not: not an abstract of title, a report on the condition of title, a legal opinion or an opinion of title. The commitment tells you what the insurer proposes to insure, what has to happen first (Schedule B, Part I, the requirements) and what the policy will not cover (Schedule B, Part II, the exceptions).
Exceptions matter most to a buyer: each is a matter the final policy will carry unless it is cleared to the insurer’s satisfaction. Look up a line from your own commitment in the decoder, then read on.
Decision tool · Commitment Decoder
Decode a line from your title commitment
Type a word from the line you are reading, or pick a part of the commitment. Each entry says what the line usually means, who clears it and what to ask, with the source. It is a reading aid, not legal advice.
38 entries
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Schedule ASchedule A: insured, interest, vesting and land
In plain wordsThe first page names who will be insured, what interest they get (usually fee simple), who title is vested in now and the land description.
Who usually clears itThe title examiner fills it in from the record and your contract.
What to askIs my name spelled exactly as it will be on the deed, and does the description match the survey?
Source: 2021 ALTA Owner's Policy
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Schedule ATitle vested in
In plain wordsWho the record says owns the land today. If it is not the person selling to you, something has to be fixed first.
Who usually clears itThe seller, with the closing attorney.
What to askIs the seller the person shown as vested owner, and if not, what document fixes that?
Source: 2021 ALTA Owner's Policy
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Schedule AWhat a commitment is (and is not)
In plain wordsA commitment is an offer to issue a policy once the requirements are met. It is not an abstract of title or a legal opinion.
Who usually clears itIssued by the title insurer or its agent.
What to askWho examined the title, and will I get a separate attorney's certificate of title?
Source: 2021 ALTA Commitment
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Requirements (B-I)Pay the price, the premium, and record the deed
In plain wordsThe routine requirements: the deal closes, the premium is paid and the deed and loan papers are signed properly and recorded.
Who usually clears itHandled at closing.
What to askNothing unusual here; confirm what will be recorded and when.
Source: 2021 ALTA Commitment
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Requirements (B-I)Pay off and cancel the existing security deed
In plain wordsThe seller's loan must be paid and its security deed cancelled of record. In Georgia the security deed passes title to the lender until the debt is paid.
Who usually clears itThe closing attorney pays it from the sale; the lender records the cancellation.
What to askHas the payoff been ordered, and who follows up if the cancellation does not get recorded?
Source: O.C.G.A. § 44-14-60
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Requirements (B-I)Old loan still showing as open
In plain wordsA loan that was paid long ago but never cancelled of record. Lenders must send the cancellation within 60 days of payoff.
Who usually clears itThe seller and the old lender (or its successor).
What to askDo you have proof of payoff, and can the old lender still record a cancellation?
Source: O.C.G.A. § 44-14-3
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Requirements (B-I)Release or satisfy a judgment or lien
In plain wordsA judgment or lien against an owner must be paid, released or shown not to affect this land. A judgment becomes a lien against buyers once its execution is on the general execution docket.
Who usually clears itThe seller, with the closing attorney.
What to askIs this the same person as the owner, and will it be paid at closing or released before?
Source: O.C.G.A. § 9-12-81
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Requirements (B-I)Owner's affidavit about recent work and liens
In plain wordsThe seller swears no unpaid work was done recently. Contractors have 90 days after finishing work to file a lien, so it may not be recorded yet.
Who usually clears itThe seller signs it at closing.
What to askWas any work done in the last 90 days, and were all contractors paid?
Source: O.C.G.A. § 44-14-361.1
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Requirements (B-I)Federal tax lien release
In plain wordsA federal tax lien against an owner has to be paid or released. The IRS says it releases a lien within 30 days after the debt is paid.
Who usually clears itThe seller and the IRS.
What to askWill the lien be paid from the sale, and how will the release be obtained?
Source: IRS
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Requirements (B-I)State tax execution
In plain wordsA Georgia Department of Revenue tax lien against an owner, which DOR says may hamper a transfer.
Who usually clears itThe seller and DOR.
What to askIs this owner the same person, and how will it be satisfied?
Source: Georgia DOR
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Requirements (B-I)Estate requirements: probate, executor's deed or deed of assent
In plain wordsAn owner in the chain has died. Title passes to heirs only when the personal representative assents, in writing as a deed.
Who usually clears itThe estate's personal representative, through the Probate Court.
What to askHas the estate been opened, who is the personal representative and when can the deed be signed?
Source: O.C.G.A. § 53-8-15
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Requirements (B-I)Heirs must join in the deed
In plain wordsFamily land passed without a probated will. All heirs must agree to sell or mortgage it.
Who usually clears itEvery heir, often with an attorney's help.
What to askWho are all the heirs, and can every one of them sign?
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Requirements (B-I)Out-of-state signing requirements
In plain wordsA deed signed outside Georgia needs two witnesses, one of whom may be the notary.
Who usually clears itThe seller and the out-of-state notary.
What to askWill the signing be set up with two witnesses?
Source: O.C.G.A. § 44-2-21
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Requirements (B-I)Affidavit of facts (death, identity, relationship)
In plain wordsA sworn statement recorded to explain a fact the record does not show. Recorded affidavits give notice of the facts they recite.
Who usually clears itSomeone with personal knowledge, prepared by the attorney.
What to askWho can sign it, and will it be recorded?
Source: O.C.G.A. § 44-2-20
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Requirements (B-I)Requirements deadline
In plain wordsIf the requirements are not met within the time the commitment states, the commitment ends.
Who usually clears itEveryone working toward closing.
What to askWhen does this commitment expire, and which requirements are still open?
Source: 2021 ALTA Commitment
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Exceptions (B-II)Exceptions stay in the policy unless cleared
In plain wordsEverything listed in Part II is not covered by the final policy unless it is removed first.
Who usually clears itThe title agent decides what can be removed.
What to askWhich of these exceptions will be removed at closing, and which will stay?
Source: 2021 ALTA Commitment
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Exceptions (B-II)Gap exception
In plain wordsCovers anything recorded between the commitment date and the date the requirements are met.
Who usually clears itUsually handled by an updated search before recording.
What to askWill the title be brought down to the day of recording, and will the gap exception be deleted?
Source: 2021 ALTA Commitment
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Exceptions (B-II)Survey exception (encroachments, boundary lines)
In plain wordsBoundary and encroachment problems that a survey would show are covered only if an accurate and complete survey would have disclosed them.
Who usually clears itA Georgia licensed surveyor, then the title agent.
What to askIf I order a current survey, can the survey exception be removed or limited to what the survey shows?
Source: 2021 ALTA Owner's Policy
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Exceptions (B-II)Matters shown on the survey (gaps, gores, overlaps)
In plain wordsSpecific items the surveyor found, such as overlaps or gores with a neighbor's deed.
Who usually clears itThe surveyor reports them; the attorney decides how to deal with them.
What to askDoes any overlap touch the house, driveway or well, and can it be fixed with a deed from the neighbor?
Source: Ga. Comp. R. & Regs. 180-7
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Exceptions (B-II)Easements and rights of way of record
In plain wordsRecorded rights others have across the land, such as roads or utility lines. Private ways can also arise by prescription or implication, which may not be recorded.
Who usually clears itUsually stays in the policy; read each one.
What to askWhere is each easement on the survey, and does any of them run under a building site?
Source: O.C.G.A. § 44-9-1
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Exceptions (B-II)Rights of parties in possession
In plain wordsClaims of people using or living on the land that the record does not show. Long, open use can even ripen into title by prescription.
Who usually clears itCleared with an owner's affidavit and an inspection of the land.
What to askIs anyone else using any part of the land, and will this exception be removed?
Source: O.C.G.A. § 44-5-161
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Exceptions (B-II)Taxes not yet due and payable
In plain wordsProperty taxes for the current year that are not due yet are not covered. Taxes that come due after the policy date are excluded.
Who usually clears itProrated between buyer and seller at closing.
What to askWhich tax year is included, and is anything past due?
Source: 2021 ALTA Owner's Policy
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Exceptions (B-II)Restrictive covenants and declarations
In plain wordsRecorded rules on how the land may be used. In larger planned subdivisions they renew for 20-year periods.
Who usually clears itUsually stays in the policy; read them before you buy.
What to askDo the covenants allow what I plan to do (outbuildings, rentals, animals)?
Source: O.C.G.A. § 44-5-60
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Exceptions (B-II)Association assessments and lien rights
In plain wordsA property owners' association can have a lien for assessments that outranks most other liens.
Who usually clears itThe association provides a statement of unpaid assessments.
What to askAre all assessments paid through closing?
Source: O.C.G.A. § 44-3-232
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Exceptions (B-II)Mineral rights reserved or conveyed
In plain wordsSomeone else may own the minerals under the land. Georgia lets a surface owner seek title to minerals unworked and untaxed for seven years.
Who usually clears itStays in the policy unless cleared.
What to askWho owns the reserved minerals, and has anyone worked or paid tax on them?
Source: O.C.G.A. § 44-5-168
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Exceptions (B-II)Cemetery or burial ground
In plain wordsGraves on the land are not the landowner's property and cannot be disturbed without a permit.
Who usually clears itStays in the policy; plan around it.
What to askWhere exactly are the graves, and will the survey show them?
Source: O.C.G.A. § 36-72-1
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Exceptions (B-II)Pending lawsuit (lis pendens)
In plain wordsA recorded notice that someone has sued over the land. It binds buyers once filed.
Who usually clears itThe seller's attorney; usually must be resolved first.
What to askWhat is the lawsuit about, and will it be dismissed or settled before closing?
Source: O.C.G.A. § 44-14-610
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Policy termsCovered risk: forgery and fraud
In plain wordsThe owner's policy covers title defects caused by forgery, fraud, impersonation and similar problems.
Who usually clears itThe insurer, through a claim.
What to askIs the 2021 ALTA Owner's Policy the form being issued?
Source: 2021 ALTA Owner's Policy
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Policy termsCovered risk: no right of access
In plain wordsThe policy covers having no right of access to and from the land, subject to the exceptions listed.
Who usually clears itThe insurer, through a claim.
What to askIs there an exception that limits access coverage on this land?
Source: 2021 ALTA Owner's Policy
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Policy termsCovered risk: unmarketable title
In plain wordsTitle with a problem that would let a buyer or lender back out of a contract that requires marketable title.
Who usually clears itThe insurer, through a claim.
What to askWhich exceptions narrow this coverage?
Source: 2021 ALTA Owner's Policy
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Policy termsExclusion: zoning and land-use laws
In plain wordsThe policy does not cover limits that zoning and building laws put on the land, with narrow exceptions.
Who usually clears itCheck with the planning office instead.
What to askHave I confirmed with the county or city what I can build?
Source: 2021 ALTA Owner's Policy
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Policy termsExclusion: acreage
In plain wordsThe policy does not insure how many acres you get.
Who usually clears itOnly a survey answers it.
What to askDoes the survey's acreage match what I am paying for?
Source: 2021 ALTA Owner's Policy
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Policy termsWho stays insured: heirs
In plain wordsHeirs and others who succeed you by law are included as insureds.
Who usually clears itAutomatic under the form's definitions.
What to askShould the deed and policy name both spouses?
Source: 2021 ALTA Owner's Policy
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Policy termsHow long the owner's policy lasts
In plain wordsCoverage continues while you keep an interest in the land and ends after you convey the title.
Who usually clears itAutomatic under the form.
What to askWhere should I keep the policy so my family can find it?
Source: 2021 ALTA Owner's Policy
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Policy termsLoan policy: protects the lender's lien
In plain wordsThe lender's policy insures the validity of the lender's lien, not your equity.
Who usually clears itRequired by most lenders.
What to askAm I buying an owner's policy as well, and from the same provider?
Source: 2021 ALTA Loan Policy
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Policy terms"Mortgage" includes a Georgia security deed
In plain wordsWhere the policy says mortgage, it includes a security deed, the instrument Georgia lenders use.
Who usually clears itDefinition only.
What to askNothing to clear; it is how the form reads in Georgia.
Source: 2021 ALTA Owner's Policy
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Policy termsClosing protection letter
In plain wordsInsurance against losses caused by specified acts of the person disbursing the closing funds. Georgia requires its premium to be filed and approved.
Who usually clears itIssued by the title insurer.
What to askWill a closing protection letter be issued for my side of the closing?
Source: O.C.G.A. § 33-7-8.1
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Policy termsEndorsements (9, 17, 25 and others)
In plain wordsAdd-ons that change coverage. ALTA publishes, for example, Endorsement 9 (Restrictions, Encroachments, Minerals), 17-06 (Access and Entry) and 25-06 (Same as Survey).
Who usually clears itRequested from the title agent; availability depends on the underwriter and the survey.
What to askWhich endorsements fit this land, and what do they cost in writing?
Source: ALTA
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Ask about a lineThe parts of a title commitment
| Part | What it contains | What to check |
|---|---|---|
| Schedule A | The proposed policy: who will be insured and the land. In the 2021 ALTA Owner’s Policy, Schedule A names the Insured, the estate or interest insured, who title is vested in and the land description (2021 ALTA Owner’s Policy). | Names, the estate and the land description against your contract and survey. |
| Schedule B, Part I: Requirements | What must be done before the policy issues. The standard ones are paying the agreed amount, paying the premiums, fees and charges, and properly executing and recording the deed or mortgage documents. | Every requirement specific to your parcel, and who is handling it. |
| Schedule B, Part II: Exceptions | Matters the final policy will include as exceptions unless they are cleared to the insurer’s satisfaction. | Each exception, and whether it can be cleared before closing. |
| Commitment terms | The statement that it is an offer, not an opinion of title, and the time limit for meeting the requirements. | The Commitment Date and the time period it states. |
Requirements: what has to happen before closing
Beyond the standard requirements, the specific ones come from the title search. In Georgia they can trace to a statute:
- Payoff and cancellation of a security deed. A Georgia security deed passes title to the lender until the debt is paid (O.C.G.A. § 44-14-60). After full payment, the lender must send the clerk a legally sufficient satisfaction or cancellation within 60 days (O.C.G.A. § 44-14-3).
- An estate in the chain of title. Title to estate property does not pass to the heirs until the personal representative assents, and the assent should be evidenced in writing as a deed of conveyance (O.C.G.A. § 53-8-15).
- A deed signed outside Georgia. It must be attested by two witnesses, one of whom may be the notary or other listed official (O.C.G.A. § 44-2-21).
- Recording. Deeds conveying land are recorded with the clerk of superior court in the county where the land lies (O.C.G.A. § 44-2-1), and since January 1, 2025 a self-filer presenting a deed, mortgage, lien or plat must file it electronically (O.C.G.A. § 44-2-2).
- Liens. A recorded tax fi.fa., judgment or claim of lien can show up as a requirement to pay and release it. See liens and judgments.
Exceptions: what the policy will not cover
Some exceptions are general and printed on the form. Others name a specific recorded document found in the search for your parcel, usually by book and page; a citation looks like Deed Book 123, Page 45. On Lumpkin County land, specific exceptions often come from public records like these:
- Private road maintenance agreements and covenants. The county code lets an exempt divide use private roads only if maintenance is covered by restrictive covenants or a road maintenance agreement recorded with the approved plat (Lumpkin County Code, Sec. 26-68).
- Use covenants. Georgia limits covenants restricting land to certain uses to 20 years in zoned areas, with automatic renewal in planned subdivisions of at least 15 lots (O.C.G.A. § 44-5-60). Whether that limit reaches a particular covenant is a question for your attorney.
- Conservation use covenants. An approved conservation use application must be recorded at the Clerk of Court, so it appears in the real estate records (Lumpkin County Assessor).
- Burials. Georgia survey standards require plats to show observed evidence of human burials or cemeteries (Ga. Comp. R. & Regs. 180-7), so a recorded plat can be the source of a cemetery exception.
- Taxes not yet due. The 2021 ALTA Owner’s Policy excludes taxes and assessments that become due and payable after the Date of Policy.
The gap exception
The 2021 ALTA Commitment brackets a standard exception for any defect, lien, encumbrance, adverse claim or other matter that first appears in the public records, or is created, attaches or is disclosed, between the Commitment Date and the date all the Schedule B, Part I requirements are met. That window is the gap.
The 2021 ALTA Commitment's bracketed standard Schedule B-II exception covers matters first appearing between the Commitment Date and the date all Requirements are met. (2021 ALTA Commitment, checked Oct 19, 2026)
The gap matters in Georgia because a recorded deed, mortgage or lien takes effect against good-faith third parties without notice only from the time it is filed for record (§ 44-2-2), and a prior unrecorded deed loses priority to a later recorded deed from the same seller when the buyer took without notice (O.C.G.A. § 44-2-1). Ask the closing attorney you choose how the gap will be handled on your file.
Clearing or insuring over an exception
An exception comes off when it is cleared to the insurer’s satisfaction, and that decision is the insurer’s. Some are cleared with a record: a recorded cancellation of a paid security deed, a recorded release, a deed of assent from an estate. Georgia also makes recorded affidavits about facts affecting title, such as relationships, deaths, identity and possession, notice of the facts they recite (O.C.G.A. § 44-2-20). Survey matters connect to the survey itself: the owner’s policy covers encroachments and boundary-line overlaps only if an accurate and complete land title survey would have disclosed them, and ALTA publishes an endorsement named 25-06 Same as Survey. More in surveys and boundaries and curing title problems.
How long a title commitment is good for
The commitment states its own time limit. Under the 2021 ALTA Commitment, if all the Schedule B, Part I requirements have not been met within the time period specified in the Commitment to Issue Policy, the commitment terminates and the insurer’s liability and obligation end. Read that period on your own commitment, along with its Commitment Date.
A commitment is not a title opinion
In Georgia, rendering opinions on the validity of titles is part of the practice of law (O.C.G.A. § 15-19-50), and only an attorney at law may issue a legal opinion on the status of title (O.C.G.A. § 15-19-53). Non-lawyers may examine title records and issue title insurance. So a commitment tells you what an insurer will insure; a Georgia attorney’s opinion is a separate document. How the underlying search is done is explained in title search explained, and what each policy covers is in owner’s vs lender’s title insurance. To build a list of what to check before the commitment arrives, use the Title Risk Finder.
Questions people ask
How long is a title commitment good for in real estate?
The commitment states its own time period. Under the 2021 ALTA Commitment, if the Schedule B, Part I requirements are not met within the time stated in the commitment, it terminates and the insurer's liability ends.
Source: 2021 ALTA Commitment, checked Oct 19, 2026
What is a title policy without standard exceptions?
It is a policy issued after the general exceptions on the commitment have been cleared to the insurer's satisfaction. The 2021 ALTA Commitment says the policy will include the listed Schedule B, Part II exceptions unless they are cleared, so any exception still listed stays in the policy.
Source: 2021 ALTA Commitment, checked Oct 19, 2026
Can you explain what a title commitment is and what it does?
A title commitment is the title insurer's offer to issue one or more title insurance policies, as the 2021 ALTA Commitment states. It sets out the proposed policy, the requirements that must be met first and the exceptions the policy will carry.
Source: 2021 ALTA Commitment, checked Oct 19, 2026
What are title exceptions?
Exceptions are matters the title policy does not insure against, listed in Schedule B. In a commitment they appear in Schedule B, Part II, and they can be general printed items or specific recorded documents such as easements and covenants.
Source: 2021 ALTA Owner's Policy, checked Oct 19, 2026
Can you provide an example of a title commitment?
We do not publish a real person's commitment, but the 2021 ALTA form shows the pattern. Its standard Schedule B, Part I requirements are to pay the agreed amount, pay the premiums, fees and charges, and properly execute and record the deed or mortgage documents; specific requirements and exceptions for the parcel follow.
Source: 2021 ALTA Commitment, checked Oct 19, 2026
What is the gap in a title commitment?
The gap is the time between the Commitment Date and the date all the Schedule B, Part I requirements are met. The 2021 ALTA Commitment brackets a standard exception for matters that first appear in the public records during that window.
Source: 2021 ALTA Commitment, checked Oct 19, 2026
Is a title commitment the same as a title opinion?
No. The 2021 ALTA Commitment states that it is not an abstract of title, a report on the condition of title, a legal opinion or an opinion of title. In Georgia, only an attorney may issue a legal opinion on title.
Source: 2021 ALTA Commitment, checked Oct 19, 2026
