Who picks the title company in Texas?
You can. The Texas Department of Insurance says you can choose any title company you want. Your agent, builder, or lender may recommend one. You don’t have to take it.
There’s a federal rule too. TDI points to Section 9 of RESPA, which says a seller can’t make the home sale depend on using a specific title insurance company.
In practice, the title company gets named in the contract. On the TREC resale contract, it’s in Paragraph 6A. So if you have a preference, say so before the offer goes in.
Whoever you pick, make sure they’re licensed. TDI’s help line is 800-252-3439, and TDI has licensing lookups on its site.
Why is title insurance the same price everywhere?
Because the state sets it. TDI regulates title insurance rates, and every company has to charge the same premium for the same policy. You can’t get a discount on the premium.
The premium also covers more than the policy. TDI says it includes the title search, the title examination, and closing the transaction. You pay it once, at closing.
TDI set new basic premium rates that took effect March 1, 2026, a reduction from the prior rates. Your title company will quote yours from the current chart.
What can differ between companies is the other fees. TDI lists examples like escrow fees, tax certificates, recording fees, and delivery charges. Those are worth comparing. Ask for them in writing.
What’s the difference between an owner’s policy and a loan policy?
Two policies, two people protected.
- Owner’s policy. Protects you. It’s good as long as you own the property. Its cost is based on the sale price.
- Loan policy. Protects your lender. It’s good until the loan is paid off. Its cost is based on the loan amount.
Texas doesn’t require title insurance by law. But your lender will require a loan policy. The owner’s policy is the one that protects you if someone later claims an ownership problem from before you bought.
Title insurance isn’t homeowners insurance. It doesn’t cover fire, hail, or theft. It covers problems with the ownership title, like an unpaid lien from a prior owner, a forged document, or an heir who claims they own the house.
Who pays for the owner’s policy?
It’s negotiated. TDI says the buyer and seller can negotiate who pays the premium. On the TREC resale contract, Paragraph 6A has a box: seller’s expense or buyer’s expense. Your agent will talk with you about it when you write the offer.
What is a title commitment?
It’s the title company’s promise to issue a policy, with conditions. On the TREC resale contract, the seller has to furnish it within 20 days after the title company gets the contract.
The commitment lists what the policy won’t cover and what has to be fixed before closing. Read it. Items on it can become exceptions in your policy, which means they’re not covered.
You get a set time after receiving the commitment and the survey to object in writing to problems. Your agent tracks that deadline. If something on it confuses you, ask the title company or a real estate attorney.
The survey is part of this too. If the seller is using an old survey with a T-47, the title company decides if it’s acceptable. More in the T-47 article.
What does the title company do between contract and closing?
- Acts as escrow agent, if the contract names it that way. That’s who gets your earnest money and option fee.
- Checks public records for problems with the title, like deeds, liens, judgments, and tax records.
- Issues the commitment.
- Closes the transaction. TDI says closing is part of what the premium covers.
I work with the title company on the loan side, so the loan documents and the numbers line up for closing.
What happens on closing day?
You sign at the title company, or wherever they set up the signing. Bring the ID they ask for. Your loan documents, the deed, and the settlement statement all get signed.
If you’re doing a Texas home equity loan, like a cash-out refinance on your homestead, there’s an extra rule. The Texas Constitution says it can only close at the lender’s office, an attorney’s office, or a title company. More on that on my Texas cash-out refinance page.
After closing, the policy coverage starts right away. TDI says you’ll get the paper copy of the policy about 30 days later. Keep it with your house papers.
How do I protect myself from wire fraud?
Real estate closings are a target. TDI’s tips:
- Get a contact name, email and phone number for everyone in the deal: your agent, me, and the title company.
- Verify wire instructions with your title agent. Call a number you already have, not one from an email.
- Be suspicious of any email that rushes you or says the payment details changed.
- After you send money, confirm right away that it arrived.
If you ever get an email saying wire instructions changed, stop. Call the title company at a number you already have, and call me at 817-873-6288.
What I’d do
- Pick your title company before the offer, or let your agent recommend one and check its license.
- Compare the non-premium fees if you’re choosing between companies.
- Read the commitment when it comes.
- Get your wire instructions confirmed by phone.
This isn’t legal advice. For questions about your title policy or commitment, check with your title company or a real estate attorney. For the loan side of closing, call me at 817-873-6288. If you’re buying around Fort Worth, I can tell you what to expect on timing.