Published October 9, 2026 · Recalde & Friedman, PLLC
What a commitment is
A title commitment is the insurer's offer to issue a title policy once specific conditions are met. Florida transactions generally use the ALTA Commitment for Title Insurance (2021), which is on file with the Florida Office of Insurance Regulation.
Schedule A: the deal
- Commitment date (effective date): title was searched through this date.
- Policies to be issued, proposed insured and proposed amount (owner's and lender's).
- The estate or interest (usually fee simple) and who currently holds title.
- The land description. Compare it with the contract and survey.
Schedule B, Part I: Requirements
These are the things that must happen before the policy will issue. The ALTA form's standard requirements include giving the company notice of the parties, paying the agreed price, paying premiums and fees, and recording proper documents. Expect specific requirements like:
- A warranty deed from the seller, with spouse joinder if the property is homestead (why).
- Satisfaction or payoff of existing mortgages, liens and judgments.
- Proof of authority for an LLC or corporation seller (details).
- Probate or trust documents where an owner has died.
- Estoppel letters from condo or homeowners' associations.
- Owner's and no-lien affidavits.
Schedule B, Part II: Exceptions
These are matters the policy will not cover. Common Florida exceptions:
- The "gap": defects that appear between the commitment date and recording. When the insurer's agent disburses the funds, Florida law requires the insurer to insure against the gap (§ 627.7841, Fla. Stat.).
- Parties in possession. This can be removed if the seller signs an affidavit that no one else is in possession (§ 627.7842, Fla. Stat.(1)(b)).
- Survey matters. With a qualifying survey within 90 days of closing, the exception is limited to what's shown on the survey (§ 627.7842, Fla. Stat.(1)(a)).
- Construction liens. This can be removed with an affidavit that no unpaid improvements were made within the past 90 days (§ 627.7842, Fla. Stat.(1)(c)).
- Taxes for the current year and later years, not yet due and payable.
- Recorded easements, restrictions and plats. These are listed by book and page. Ask for copies and read them.
Questions to ask
- Is the vesting (current owner) exactly who is signing the contract?
- Which requirements are the seller's responsibility, and are they on track?
- Do any restrictions affect your plans (rentals, fences, pools, additions)?
- Which standard exceptions will be deleted at closing?
Related articles
- ALTA Commitment for Title Insurance (2021), Florida OIR forms library
- § 627.7841, Fla. Stat.
- § 627.7842, Fla. Stat.
Last reviewed October 2026. Laws change; confirm current law before relying on this page.