For commercial real estate lenders

Your lien priority is decided before the loan closes.

Texas mechanic's liens relate back to the inception of the work, which means a lien perfected later can still prime a deed of trust recorded earlier. Handling that correctly is the most valuable thing a commercial title team does, and it is not something you want discovered at funding.

The real problem

What slows a commercial loan closing

Every one of these is answerable early and expensive late.

Nobody answers the endorsement question fast enough

Lender's counsel sends the slate the credit memo requires and asks what can be issued and what it costs. Texas uses its own promulgated forms, some requested ALTA endorsements have no Texas equivalent, and some require underwriter approval. That answer should take hours, not a week.

Construction lien priority

Texas liens relate back to inception of the work. If anything visible has started on the ground, the analysis changes and so does the endorsement package, the affidavits and the disbursement discipline. This is where a lender actually loses priority.

Entity authority surfaces in week five

Certificate of formation, certificate of fact, the company agreement and every amendment, member or manager consents, incumbency, foreign qualification. None of it is difficult; all of it takes time to collect, and it is always requested later than it should be.

Survey scope agreed too late

An ALTA survey with negotiated Table A items is a long lead item. Agreeing the items before it is commissioned is the difference between one survey and two.

How we offer value

How we work a commercial loan file

Commercial premiums are promulgated too. Nothing here is a pricing argument.

01

Endorsement feasibility before your credit committee meets

What Texas issues, what needs underwriter approval, and what simply does not exist here — with the Texas form that corresponds to what your counsel asked for.

02

Construction lien-priority discipline

Inception analysis, commencement and completion affidavits, lien waivers and draw disbursement handled deliberately rather than as paperwork.

03

Entity authority checklist at file open

Sent on day one against the borrower's entity type and state of formation, so requirements do not appear in week five.

04

UCC searches alongside the real property work

Secretary of State and county fixture filings run in parallel, with terminations coordinated at payoff.

In development

Endorsement & Requirements Builder

Configure the loan and get the Texas endorsement slate, the document requirement checklist, and the lien-priority flags — exportable to send to borrower's counsel.

  • Loan type, property type, county, entity and whether work has commenced in; the requirement package out.
  • An ALTA-to-Texas form translation table for the endorsements out-of-state counsel asked for.
  • A construction lien-priority flag with the inception-of-work path when work has started.
  • Entity document checklist by entity type and state of formation.

This one is still being built. Until it ships, our escrow team will walk the same analysis with you on a real file — ask and we will do it.

How the file runs

How a commercial file runs with us

  1. 1

    Term sheet

    Send it and we return the requirement list, the endorsement feasibility read and the survey scope recommendation.

  2. 2

    File open

    Title and UCC searches run together. Entity checklist goes to borrower's counsel the same day.

  3. 3

    Commitment and cure

    Full exception package delivered legibly, curative worked with counsel, underwriter engaged early on anything unusual.

  4. 4

    Close and disburse

    Closing coordinated with counsel, with construction draw discipline where the file calls for it.

Straight answers

The questions we actually get

Including the ones with answers you may not want. We would rather say it here than at the closing table.

Can you issue the endorsements our credit memo requires?

Send the slate and we will tell you which correspond to Texas promulgated forms, which need underwriter approval, and which have no Texas equivalent — before your committee meets rather than after.

Is the premium negotiable on a large commercial loan?

No. The Texas basic premium is promulgated and scales with the liability amount. It is identical at every Texas title company regardless of deal size or volume, and any company suggesting otherwise is describing something impermissible.

Work has already started on the site. Is that a problem?

It is a priority question rather than an automatic problem. Texas liens relate back to inception of the work, so we look at what is visible on the ground and when, then work the affidavit and endorsement path from there. Tell us early.

Do you handle multi-parcel or multi-state portfolios?

We handle the Texas parcels directly and coordinate with counsel and national underwriters on the rest. We will tell you plainly where our direct capability ends.

How do you handle zoning endorsements?

Texas is different enough here to confuse out-of-state lenders: counties largely do not zone, and the zoning endorsement forms are not promulgated in Texas, so they require underwriter approval and usually a zoning report. We will tell you what is achievable before you rely on it.

What is set by the state, and what is not

Two different kinds of number.

Identical at every Texas title company: the basic title insurance premium and the promulgated endorsement charges. These are set by the Texas Department of Insurance. No company can discount them, and any company implying it can is describing something that is not legally possible.

Set by each company: the escrow or settlement fee, and the incidental charges around it. These are not promulgated, they do vary, and they are the fair thing to compare.

We would rather tell you which is which than let you assume we are cheaper on something nobody can be cheaper on.

The other side of the deal

Every transaction has more than one of you in it.

Commercial buyer agents

A complete, legible, indexed exception package delivered with the commitment — so feasibility is spent reviewing, not chasing.

What we do for them →

Commercial seller agents

Entity authority and payoff structure take months to fix. Find them before you go to market, not in week six of escrow.

What we do for them →

Mortgage lenders

Fee quotes that survive from Loan Estimate to Closing Disclosure, so a tolerance cure never comes out of your pocket.

What we do for them →
Send the term sheet

Get the requirement list before the committee meets.

Send the term sheet or the endorsement slate. We will return feasibility, the document requirements and the survey scope, so nothing surfaces in week five.