Glossary · Documents

Title insurance (lender's policy)

Also called: lender's title policy, loan policy, title policy

Defined by the Research desk, The Lender Report · Sources reviewed

A policy that protects a lender against loss if its mortgage turns out not to have the lien priority it expected, or if title to the property is defective.

Before it lends against real estate, a lender wants proof that the borrower owns the property and that the new mortgage will rank where the lender expects, usually first. A title company searches the public records, lists what it finds, and issues a policy to the lender that pays if a covered defect or an earlier lien surfaces later. The owner’s policy is a separate document that protects the buyer.

The OCC handbook lists a title insurance policy among the documents a bank’s file should contain for an income-producing property, and says staff should confirm that the property description is identical across the mortgage, the title policy, the survey and the tax statement.

Construction adds a step. Contractors and suppliers who are not paid can file mechanics liens, and the handbook notes that in some jurisdictions those liens can take priority over the bank’s. So the lender’s policy should be updated with each draw, with the title company confirming no liens are outstanding. The handbook also says title insurance can protect the lender from losses due to fraud and construction liens.

The borrower normally pays the premium at closing. Order the title commitment early: old liens and easements take time to clear.

How it shows up in the data here

Not in the data. Title policies are private documents, and no filing on this site refers to them. For banks and credit unions that fund construction, where title updates happen at every draw, see construction lenders. For other commercial property, see investor CRE lenders.

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Sources

  1. OCC Comptroller's Handbook, Commercial Real Estate Lending, Version 2.0 (March 2022), retrieved .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.