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Underwriting Manual: TX

19.28

Title Examination Standards

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Underwriting Manual Subtopic
19.28.1

In General

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In many states, the bar associations have drafted “Title Examination Standards”, outlining the standard rules and procedures governing the examination of real estate records and transactions. In Texas, these standard are located in the Property Code.

The primary purposes of the standards of title examinations:

·  To promote uniformity of practice pertaining to the examination and marketability of titles.

·  To eliminate objections or defects based on the examiners’ fears that the thoroughness of their examinations may be disparaged by subsequent examinations.

Standards based upon local law and experience in title matters have been adopted in a great number of states. At this time, the State Bar of Texas has not adopted standards although a Bar Committee has drafted some proposals which will be studied.