Is a Title Commitment considered public record?

[Tim Hicks (Texas)]

Just had this one come up from a completed April appraisal. The county appraisal district web site has two owners as owner of public record (still has both names as of today). The lender provided me with their June 27th Title Commitment that states Record title to the land on the Effective Date appears to be vested in: one name". Keep in mind, Texas is a non-disclosure state and deed records are not available for everyday review. Would you change the "owner of publc record" on your report to something other that the county assessor site states as the "owner of public record?"

 

[Fernando]

Did you check county assessor records or call Title company for discrepancy?
I don't know why lender put burden on us to find out.

 

[Terrel L. Shields]

Yes, but I would caveat the explanation you gave so they understand what the county has is not the same...

 

[Bob Ipock]

I have, along with the Title company letter, full disclosure and assumption that is correct. We are not lawyers. If you properly disclose it is very unlikely there would be issue. Just me but I disclose on a new addendum page that is placed at the very front of the report, big print and in RED.

 

[Tom4value]

I get this all the time. I ask for a copy of the title commitment and reference in the report and keep in my appraisal file.

 

[Fernando]

State what you find from your investigation.
While driving, I heard on radio about scammers recording deeds stealing one's ID. I haven't encountered such illegal recording so just state what you find and let lender deal with it.

 

[Lindseyw]

Just had this one come up from a completed April appraisal. The county appraisal district web site has two owners as owner of public record (still has both names as of today). The lender provided me with their June 27th Title Commitment that states Record title to the land on the Effective Date appears to be vested in: one name". Keep in mind, Texas is a non-disclosure state and deed records are not available for everyday review. Would you change the "owner of publc record" on your report to something other that the county assessor site states as the "owner of public record?"

I would try to rectify the issue with the county. I’m not sure if that’s allowed in a non disclosure state though. Can you call the title company to confirm details?

 

[Mike Ault]

Just had this one come up from a completed April appraisal. The county appraisal district web site has two owners as owner of public record (still has both names as of today). The lender provided me with their June 27th Title Commitment that states Record title to the land on the Effective Date appears to be vested in: one name". Keep in mind, Texas is a non-disclosure state and deed records are not available for everyday review. Would you change the "owner of publc record" on your report to something other that the county assessor site states as the "owner of public record?"

Deed records are considered a matter of public record even in nondisclosure states. What the property transferred for is considered confidential information. Although the Recorder of Deeds has no duty to disseminate them publicly, they are to provide them upon request. As it is nonconfidential information I would use the owner reflected on the title commitment as it is sure to be the most current. It appears that the Appraisal District doesn't do a very good job of keeping up with courthouse records in that county.

 

[Mark K]

Title commitment may not be public but the info in it is. Around here, title commitments only include publicly recorded information and have a prominent notice disclaiming liability for any undisclosed, private claims against the title.

I'd include the deed info from the title company, include the sheet that states this in the appraisal addenda, and make a note in the report re; the discrepancy.

Common cause for what you describe is a divorce and the spouse that got the house is refi-ing.

 

[Dale Floyd]

Often, we‘ll get a revision request demanding our report contain the same legal information shown by the title company on page 1. Unfortunately, we find errors in the title information they send quite often.

Always something.