Commitment And Curative

---
name: commitment-and-curative
description: "Build the title commitment and clear it: separate Schedule B-I requirements from Schedule B-II exceptions, and decide each defect as cure vs insure-over vs except. Clear the requirements before you close; insure-over only with underwriter approval. Underwriter/jurisdiction specifics are verify-at-use."
---

# Commitment & Curative

Structure the commitment honestly and clear it deliberately. The commitment is the underwriter's promise to insure *if* the requirements are met and *except* what is carved out.

> **Advisory, not legal or underwriting advice.** Commitment forms, standard exceptions, and curative sufficiency are underwriter-/jurisdiction-specific and change — every specific here is `[verify-at-use]`. The binding insurability call is the underwriter's. No PII.

## The commitment's two schedules

| Schedule | Contains | Meaning |
|---|---|---|
| **B-I — Requirements** | What must happen before the policy issues (payoffs, releases, corrective deeds, affidavits, entity docs) | Not satisfied → no policy |
| **B-II — Exceptions** | What the policy will **not** cover (easements, CC&Rs, standard exceptions, matters excepted by choice) | Carved out of coverage |

**Standard vs added exceptions:** know which standard exceptions (survey, mechanic's lien, parties in possession) can be removed and what removes them (survey, affidavit, indemnity) — `[verify-at-use]` against the underwriter's rules.

## The curative decision — cure vs insure-over vs except

| Path | When | Mechanism |
|---|---|---|
| **Cure** | The defect can and should be eliminated | Payoff + release, corrective/quitclaim deed, affidavit, quiet-title action |
| **Insure over** | Cure is impractical and risk is acceptable to the underwriter | Underwriter approval within guidelines (`[verify-at-use]`); often with indemnity |
| **Except** | The matter stays on title and is carved out of coverage | Add to Schedule B-II; disclose to insured |

**The rule:** the path follows the **risk to marketability and the underwriter's appetite** — cure what should be cured, insure over only *with* approval, except knowingly. Clear the requirements **before** you close.

## Workflow

1. From the examination, list every defect and encumbrance (see [`../title-search-and-examination/SKILL.md`](../title-search-and-examination/SKILL.md)).
2. Traverse the **clear a title exception** decision tree for each.
3. Assign each to B-I requirement or B-II exception; draft the curative action or the exception language.
4. Escalate anything off-guideline or above your authority to the underwriter with your read.
5. Track requirement clearance to zero-open before setting the closing.

## Read metrics

| Signal | What it tells you |
|---|---|
| Open requirements at clear-to-close | Whether you are closing on an unclean commitment |
| Curative aging (days from exam to cleared) | Where the pipeline stalls after examination |
| Insure-over rate without documented approval | An unauthorized-risk exposure |

## See also

- Traverse the **clear a title exception (cure vs insure-over vs except)** tree in [`../../knowledge/title-escrow-decision-trees.md`](../../knowledge/title-escrow-decision-trees.md).
- Template: [`../../templates/title-commitment-worksheet.md`](../../templates/title-commitment-worksheet.md); command: [`/clear-title-exceptions`](../../commands/clear-title-exceptions.md).
- Best practice: [`../../best-practices/clear-the-commitment-requirements-before-you-close.md`](../../best-practices/clear-the-commitment-requirements-before-you-close.md).