The effective date of a title insurance policy must be as late as the date and time of recording of the last instrument that is either reflected in the title policy or which creates the interest being insured.

If a title insurance policy is requested at a date later than the recordation of the document(s) creating the estate to be insured, the policy may be dated as:

• As of the date of recording of the instrument creating the estate or interest to be insured; or
• As of the date to which you have searched and examined the title to determine the condition of the title to be insured.

In this regard, the title examination of the property must extend to the effective date and time of the policy.

 If the policy is to include any reference to a re-recording of an instrument that is being insured, the date and time of the policy must be the date and time on which the instrument was recorded.

Because Texas requires the use of abstract plants, the certification date will be prior to the closing date.  This time frame is known as “the gap”.  In Texas, gap coverage is automatically provided.

Note: Texas Department of Insurance Guidelines required that title plants be maintained current within 14 calendar days. See Auditor's Handbook Guidelines, Section 3 Abstract Plants.