Buying a home in West Point is exciting, but title questions can cause last-minute stress. You want to know that no hidden liens, missing heirs, or paperwork mistakes will threaten your ownership. In this guide, you will learn what title insurance covers, how the process works in Mississippi, the local risks to watch in Clay County, and smart steps to protect your purchase. Let’s dive in.
What title insurance covers
Title insurance protects you from financial loss caused by unknown title defects that existed before your policy date. Common covered issues include:
- Forged or invalid deeds or releases
- Hidden or missing heirs who later claim an interest
- Undisclosed mortgages, liens, judgments, or easements
- Errors in public records, like incorrect legal descriptions
- Clerical or recording mistakes that affect ownership
Typical exclusions include government police powers such as zoning, environmental contamination, defects created after the policy date, and eminent domain. Boundary issues or encroachments are usually excluded unless you add a survey-related endorsement.
Owner vs lender policies
- Owner’s policy: Protects your equity and ownership for as long as you or your heirs own the property. You pay a one-time premium at closing.
- Lender’s policy: Protects the lender’s lien for the life of the loan. Also a one-time charge at closing. This is usually required by lenders.
Both policies are often issued together, but they cover different parties and amounts.
Cost and who pays in Mississippi
Title insurance premiums are a one-time charge paid at closing. Rates vary by state and property value and are filed through the Mississippi insurance regulatory framework. For exact rates, ask your title company or the Mississippi Department of Insurance. Who pays for the owner’s policy is negotiable and depends on your purchase contract and local custom.
West Point risks to watch
Clay County and the West Point area include a mix of in-town homes and rural tracts. That means you should keep an eye out for issues that often show up here:
- Old or incomplete surveys that leave boundaries or fences unclear
- Unreleased liens, including mechanics’ liens, taxes, or judgments
- Probate and heirship claims where inheritance was not fully documented
- Easements and access questions on private roads or shared driveways
- Mineral rights reserved in older deeds that are separate from surface rights
- Floodplain and drainage concerns near creeks or low areas; title insurance does not cover flood risk and lenders may require separate flood insurance
- Misindexed or older paper records that can obscure prior transfers
A careful title search and an up-to-date survey can reduce many of these risks.
Title search and commitment
A title examiner reviews county records for deeds, mortgages, liens, judgments, probate matters, and tax records. The title company then issues a title commitment, which is a promise to issue a policy after certain conditions are met.
- Schedule A: Lists the basics, including buyer, seller, legal description, and policy amount.
- Schedule B: Lists exceptions, which are items not covered by the policy.
- Requirements: Lists what must be cleared before the policy can be issued, such as lien payoffs or affidavits.
Review the commitment quickly. Focus on Schedule B and the Requirements so you can ask questions, request endorsements, or order a survey if anything is unclear.
Legend: Schedule B exceptions are matters not covered. Requirements are items to clear before policy issuance.
Common requirements before closing
- Payoff and release of the seller’s mortgages or tax liens
- Seller affidavits about heirs, marriage status, and possession
- Updated survey or a survey affidavit
- Mechanic’s lien waivers if recent work was done
Title companies and closing attorneys coordinate payoffs, releases, corrective deeds, and other items. If something cannot be cleared, you may be able to use endorsements or negotiate price or escrow solutions.
Endorsements to consider
Endorsements add protection for risks that standard policies exclude. Availability and names can vary by insurer, so ask your title agent what is offered and what your lender may require.
- Survey-related endorsements: Add coverage for encroachments and boundary matters when you have a recent survey.
- Access or right-of-way endorsement: Helpful if legal or physical access is via a private road or easement.
- Encroachment or boundary endorsement: Useful when fences or improvements are close to lot lines.
- Mechanic’s lien or construction endorsements: Important for new builds or recent renovations.
- Zoning or use endorsements (limited): Provide limited protection for permitted uses shown in records.
- Gap coverage: Protects against items recorded between the last search and the deed recording if delays occur.
- HOA or CCR endorsements: For properties with covenants or associations.
- Shortage-in-area endorsements: For acreage where exact size and boundaries impact value.
Steps from contract to policy
- Contract signed by buyer and seller
- Title order placed by buyer, seller, or lender
- Title company searches county records
- Title commitment issued with Schedule A, Schedule B, and Requirements
- Parties review; buyer requests endorsements and a survey if needed
- Title company and seller clear payoffs, releases, and affidavits
- Closing takes place, deed is recorded, funds are disbursed
- Final owner’s and lender’s policies are issued and delivered
Legend: Schedule B exceptions are matters not covered. Requirements are items to clear before policy issuance.
Buyer checklist
Provide and request these items early to keep your closing on track:
- Signed purchase contract and the legal description of the property
- Any existing survey or recorded plat
- Details about known easements, leases, or agreements
- HOA documents, if applicable
- Your lender’s list of required endorsements
- Proof of recent work on the home, so the title team can obtain needed waivers
Practical tips for West Point buyers
- Order title work early to surface issues before your closing date.
- Read the title commitment right away and focus on Schedule B and the Requirements.
- Get a survey for acreage or when boundaries, fences, or access are unclear.
- Ask about endorsements if you see access questions, encroachments, mineral reservations, recent construction, or HOA rules.
- Confirm that the seller’s liens and mortgages will be paid off and properly released.
- Consider gap coverage if there could be a delay in recording.
- Remember that title insurance does not cover flood risk; handle flood insurance separately if needed.
If you want local, hands-on guidance through title, surveys, endorsements, and closing timelines, talk with the team at Delta-Gulf Real Estate Corporation. We coordinate with local title professionals, keep your process moving, and help you make confident decisions in West Point and across the Golden Triangle.
FAQs
Is title insurance required for West Point homebuyers?
- Lenders usually require a lender’s policy; an owner’s policy is optional but strongly recommended to protect your equity, and payment for it is negotiable in the contract.
What does a title commitment mean in Mississippi?
- It is a preliminary promise to issue a policy after listed Requirements are cleared; Schedule B lists exceptions that will not be covered unless addressed or endorsed.
Do standard policies cover boundary disputes in Clay County?
- Standard policies often exclude survey matters; a recent survey and a survey-related endorsement can add protection for many boundary and encroachment issues.
How long can clearing title issues take in West Point?
- Simple lien payoffs can be quick; probate, quiet-title actions, or complex easements may take months, which is why early title ordering is smart.
What happens if a title problem appears after closing?
- You notify the title insurer; they investigate, defend covered claims, and may pay valid losses up to the policy limit, subject to policy terms.