Texas Production Services: Things to Know
Welcome to First American Production Services!
We are thrilled to collaborate with you to deliver the top search and examination product in the market. This guidebook aims to explain our services, address the most frequent inquiries from our agents, and provide you with guidance as you complete your final title commitment.
Agent ID:
Title Software:
Title Software Integration System:
FATIC or FATGC:
Agency Sales Representative:
Service Provider Agreement date:
Agents are encouraged to consult AgentNet® Knowledge to ensure they are utilizing the latest commitment forms from First American.
Important Note: For the most up-to-date version of this guide, please go to AgentNet® Knowledge and download the latest publication.
Section 1: All About Production Services
Our Services: What You are Purchasing
What to do if an error results in a claim
Placing Service Orders
First American Responsibilities
Re-checks and Bring to Dates
Post Exam Survey Review
Turn Times
Agent Responsibilities
Prohibited Activities
Billing Procedures
Common Requirements
Who to Contact and When
Permissible Actions – Underwriting
Section 1: All About Production Services
Important Note: Section 1 of this guide is designed to provide an overview of First American’s title production services. For a detailed explanation of our terms and conditions, please consult your Service Provider Agreement.
What you are Purchasing
Title Evidence and Exam in accordance with P-24 and P-70
Although First American provides this work product to the Agent as a commitment, for compliance, the Agent is required to generate the title commitment using its own forms. The First American search product must not be delivered as a commitment to a third party
The fee charged for the product is part of the title premium and is due and payable when the file is delivered, whether the file closes or not. (P-70)
Products canceled by the Agent before delivery will not be charged.
What to do if an error results in a claim
If an error is discovered that results in a title claim, please contact the Texas Underwriting Department at txuw@firstam.com.
Placing Service Orders
Service Order Processes 1.
Before you begin, verify you have chosen the correct underwriter in your title software. Consult your management team if you ' re uncertain about the right choice. First American Title Guaranty Company (most common in Texas) First American Title Insurance Company (less common in Texas)
Placing an Order
Option 1: Place the order via your title software integration (preferred)
Option 2: Email to txexam@firstam.com (not recommended)
Note: Service orders submitted through email cannot be delivered to the Agent via integration. The service product will be sent back to the email address used to place the order, and the Agent will need to manually transfer all relevant data into its title software.
Minimum requirements for search orders
Property Type: Residential | Commercial (non-residential)
For assistance – Please refer to Procedural Rule P-1.u
Legal description
Full names of all current property owners
Number of properties to be searched
When searching for multiple properties, the Agent is required to inform First American by listing the additional properties in the “Notes” section on the order placement screen.
Best practice for search orders
More information is always beneficial To ensure the highest accuracy in searches and to minimize follow-up inquiries after orders, please include all of the following items when they are available:
1. CAD information
2 All other pertinent details
3. Survey (Ensure that the completed Form T-47 is included when using an existing survey)
4. Prior Owner’s Title Policy
First American Responsibilities - First American will:
1. Conduct a title search following the standard procedures set by First American.
2. Search the names of all property owners.
SDN -First American performs SDN searches for property owners only. Agent should perform searches on additional parties, such as the buyer, when necessary.
3. Review survey if provided
Delivery of Initial Search Product:
We will deliver our search product via the method of delivery initiated when the order is received.
Items included in the search product package:
1. Examined title evidence in commitment format
Both PDF and Word versions will be provided
Important Note:
As stated previously, although the search product is delivered to you in commitment format, the Agent must generate the final title commitment in accordance with Procedural Rule P-24
2. Copies of support documents such as instruments listed in Schedule B and C of the search product, vesting documents, plat maps, probate documents, divorce documents, and any other relevant documentation when appropriate
Integrated orders:
When the order was place via integration, documents are accessible in the following formats:
Hyperlinks which appear on commitment schedules
PDF copies delivered to your integrated document repository
Email orders:
Agents will also receive support documents by way of email regardless of how they were placed, including through integration.
PDF copies
3. T-00 in PDF and Word formats
Re-checks
A request for a re-check is appropriate when:
Perceived examination errors are evident
Additional information is acquired that may affect the search results
The terms of the transaction change
First American will perform re-checks upon receipt of a request from the Agent. Requests should be submitted via email to txexam@firstam.com, and include the following information:
1 FAF File No
2. A detailed explanation of the purpose for the re-check service.
Bring-to-Dates
1. First American will perform Bring-to-Date (BTD) services upon receipt of a request from the Agent.
Requests should be submitted via email to txexam@firstam.com or via integration, when available, and include the following information:
FAF File No.
Additional file details if appropriate (Example: You suspect new instruments have been recorded)
Our BTD service is complimentary for up to one year following the delivery of the initial search product. Files older than one year must be resubmitted as a new order and will incur standard pricing.
For additional instructions, see Section 2, Post Examination Commitment Review.
Post exam survey review
First American provides a complimentary review of post-exam surveys for files where we conducted the original search. Requests for review should be emailed to txexam@firstam.com, and should include:
FAF File No
Copy of survey plat, field notes (if applicable) and fully executed T-47.
Important Note: First American does not review surveys for transactions where we did not perform the search and exam. You are responsible for performing survey review on these files.
First American intends to deliver search products in accordance with the schedule shown below Occasionally, product delivery may be delayed due to unforeseen circumstances. Examples may include but are not limited to:
Divorce, Probate, and other civil document companies requested but not yet received
Extensive search required
Matters outside our reasonable control, such as weather or other business interruptions
When these circumstances are discovered, First American will inform the Agent about the delay and estimate a new delivery date.
Schedule of Turn Times
Agent Responsibilities
1. Receive title search product via title software integration when available.
Training may be available to you, if needed. Contact your Agency Sales Representative for details.
2. Review product to ensure accuracy
See Post Delivery by Review by Agent Instructions in Section 2 of this publication.
3. Convert product to commitment produced on agent forms including Commitment Jacket signed by agent
Schedules A-D signed by agent
First American Privacy Policy
Deletion of Arbitration form
Agent Privacy Policy
Important Notice
4. Complete and execute the form T-00 included in your search package delivered to you by First American.
5. Agent is responsible for determining which exceptions will be included in the policy of title insurance and for determining that all requirements have been met.
As a policy-issuing agent of First American, you are authorized and encouraged to modify the common items listed in our Making Changes to the Commitment article, for your title commitments.
SDN -First American performs SDN searches for property owners only. Agent should perform searches on additional parties when necessary.
Prohibited Activities - Agent is not authorized to:
Use a First American search product to issue a title insurance policy with an underwriter that is not First American. Resell First American’s search product as an abstract.
Remove an exception or requirement from a Commitment provided by First American unless Agent has obtained:
Curative documents eliminating the exception or satisfying the requirement; or
Written Underwriter approval for those items NOT allowed by our Making Changes to the Commitmentarticle.
Reuse a search and exam product from a prior transaction to insure new transaction.
Use a First American search product to issue an attorney opinion letter or other title insurance alternative product.
First American Billing Procedures
1. 4. Upon receipt of the title order, First American will confirm the property type of the land to be searched. If FIRST AMERICAN finds the property type differs from the information provided by the agent, we will reach out to you to get your permission to proceed with the order. Generally, property type is determined by our team by applying Procedural Rule P-1(u).
Search products will be billed according to the schedule below
be
*Additional chain charges will be calculated and billed based on Rate Rule R-9. Use this tool to determine if additional chain charges may apply: Subdivisions: https://firstam.us/FA-R9-Subdivision Non-Subdivisions: https://firstam us/FA-R9-Non-Subdivision
In accordance with Procedural Rule P-70, the billed fee for search and examination is due and payable whether the transaction closes or not.
A summary billing will be prepared monthly by First American indicating the total orders placed that month and total amount due for that month which will be delivered to Agent. Payment without penalty is due no later than forty-five (45) days following the date of each summary billing. Amounts not timely paid shall accrue interest at the rate of one and one-half percent (1.5%) per month or at the maximum rate permitted by law. Agent shall be liable for all attorneys’ fees and costs incurred by First American in pursuit of collecting delinquent amounts.
*Please consult your Service Provider Agreement for detailed terms and conditions.
Cancelled files: Files cancelled before delivery will not be charged to the Agent.
Common Requirements
First American’s search products are prepared in accordance with First American underwriting guidelines. Periodically, you may find requirements appearing on Schedule C of the product that are intended to ensure your commitment and final title policy are issued in compliance with these guidelines Examples may include, but are not limited to:
1. FiNCEN: See latest underwriting communication (as this is updated frequently)
2. Verification of uninsured deeds and releases: See underwriting communication TX-2016-005. Instances of this requirement might look like the following:
Evidence satisfactory to the Company that the deed executed by [grantor] to [grantee], recorded [insert recording reference for deed] is valid
Evidence satisfactory to the Company that the debt secured by Deed of Trust recorded [insert recording reference for Deed of Trust] has been paid in full.
3 Covenant Clearing House/Private Transfer Fee Covenants: See underwriting communication TX-2023-012.
4. Property Owner Notification Letter program (PONL): Our exam team may insert an Alert within your commitment package and/or may place a note on Schedule C of the search product regarding underwriting communication TX-2023-006 which discusses our PONL program. If you see the following alert, please review the underwriting communication for guidelines including a copy of the letter referred to therein:
Alert a review of the public record indicates there are several known risk factors for potentially fraudulent activity related to this property. Further review may be necessary to eliminate these risks. The property may be free from encumbrances and the mailing address of the record owner differs from the situs address You may utilize the "property owner notification letter" available through AgentNet as one tool to investigate further. You may also contact the underwriting department at any time if more direction is needed. Please see the First American underwriting communication/bulletin for further clarification
5. Fraud Alerts - Property or parties that may be the subject of possible fraud alerts.
Who to Contact and When:
First American’s teams are here to help. For faster and more efficient service, please send inquiries to the departments as outlined in the schedule below.
Before you inquire, review the following self-help tools intended to allow you to proceed without additional assistance required.
Allowed changes to our search product:
As a First American issuing Agent, you are authorized and encouraged to make adjustments to our delivered search product in accordance with the terms described in our Making Changes to the Commitment article. A copy of this article can be found in the Exhibits section of this publication. The contents of this resource is also available in AgentNet® Knowledge.
Permissible Agent Activities related to insurance practices (underwriting concerns):
As a First American Agent you are authorized to make determinations on curative matters and issuance of endorsements To access self-help resources, explore AgentNet Knowledge for a variety of tools like these:
Check out our resources on AgentNet Knowledge for items such as:
Express Underwriting checklists (If you fulfill the requirements, you have underwriting approval for your file)
All Abouts (All about Heirship, All about Power of Attorney, and more)
Endorsement Checklist (T-19 and more)
Specific transaction guidelines and checklists
Survey review resources (Note: Underwriting does not review surveys. If First American performed the search for a transaction, please send survey to txexam@firstam com for review
Schedule of Contacts
Search and Exam: Underwriting: Billing:
txexam@firstam com
txuw@firstam com
Status of search product
General exam inquiries
Bring-to-Date requests
Re-check requests
Survey Review
Risk limit approval (Overlimits)
Underwriting does not perform survey review services, please contact txexam@firstam.com for these requests.
Debbie Price: ddprice@firstam.com
Leslie Shellman: lshellman@firstam com
Billing inquiries
Payment method inquiries
Section 2: Title Evidence Review Guidelines
Important Note:
Section 2 of this guide details the essential practices for examining First American’s title production product and disseminating the agent’s title commitment. This guide is not exhaustive and may not address every title insuring scenario. It is the agent's duty to apply their proprietary process for internal review and distribution of the final title commitments.
General Information
As a First American issuing Agent, you are authorized and encouraged to produce the final title commitment for distribution to the parties to the transaction. This document aims to provide a broad overview of the standard process for commitment preparation It should not be viewed as a detailed account covering every possible situation.
For additional help, explore AgentNet® Knowledge to find First American's valuable resources and guidelines for dealing with common underwriting challenges, including endorsements, heirship affidavit reviews, power of attorney reviews, and more. This also features our Express Underwriting series, which allows you to obtain underwriting approval on your own
Our Search Product
Reminder: The search product is delivered to you is defined as title evidence and examination pursuant to Procedural Rule P-24. Although it is provided in “commitment form”, it should not be distributed to the parties involved in the transaction as the title commitment.
The title commitment must be generated in your title software and include:
1. The commitment jacket signed by your agency
2 Your Privacy Policy
3. First American’s Privacy Policy
4. Deletion of Arbitration Form
5. Schedules A-D
6. Important Notice
Steps for generating the title commitment:
1. Accept file through integration or copy and paste into your title software.
2. Gather necessary support items for reviewing the exam product:
Contract Survey
Lender order
Other pertinent items
3 Check the file details for accuracy and typographical errors
4. Confirm policy type
Owner’s Policy: See P-38 Loan Policy: See P-51
5 Verify transaction type: i e loan/cash purchase, refinance, home equity, construction, etc
6. Bring to Date (BTD): Please order with exam at least 48 hours prior to close.
Schedule A Review - Agent is responsible for:
Seller name(s) are spelled correctly and match vesting on Schedule A, Item 3.
Buyer/Borrower name(s) are spelled correctly and exactly match lender order if applicable
Lender name matches lender order:
Pro-Tip: ISAOA and ISAOI/ATIMA are not allowed to appear following the lender name per TDI Rules. For acceptable verbiage, see Procedural Rule P-7.
Owner’s and Loan policy amounts are correct. Item 4, interest in the land is correct.
Legal description matches most current survey, sales contract, and lender order. “And/or Assigns”: Do not insert and/or assigns for any party. Upon assignment, names should be updated.
Schedule B Review - Agent is responsible for:
1. Schedule B, Item 1: If reference is made to item 10(a) – consider copying 10(a) back to Schedule B, Item 1.
2 Verify Schedule B, Item 5 tax dates are correct per P-20
3. Add your preferred standard exceptions based on transaction type.
Pro-Tip:
If there are contemplated improvements (construction), verify the required Procedural Rule P-8 exceptions appear on Schedule B.
4. Review all other items to be sure nothing concerning appears as an exception.
Examples may include but are not limited to: unreleased prior liens, third party interests, easements not disclosed on the survey.
5. Survey matters are reflected if applicable.
Schedule C Review - Agent is responsible for:
1. Add your preferred standard requirements based on transaction type. Examples:
Affidavit as to Debts and Liens
Waiver of Inspection
Conveyance Documents
Curative Affidavits
2. Review items for curative matters:
Outstanding liens
Heirship matters
Missing interests
Other concerns
3. See Making Changes to the Commitment for matters you may clear yourself without exam or underwriting approval.
Schedule D Review - Agent is responsible for:
1. Your Schedule D should include First American details, your agency details, the premiums, and all splits between agents for work provided.
Home Office Issue
Please remember that policies for properties that are located outside of your licensed counties must be directly issued by First American per Procedural Rule P-31 For additional information and instructions on this process, please refer to our Texas Home Office Issue Policy.