Does a title insurance company check for deed restrictions?

Answer

If the Deed Restrictions are recorded in the Public Records of the County in which the property is located, then they should show in the search done by the Title Insurance Agent/Company/Attorney. The title insurance agent will show them on the commitment as exceptions, referencing the Book and Page in which they are recorded. It is always in a buyer's best interest, however, if no Deed Restrictions or Homeowner's Association appear to have been recorded, to have the Title company doing the closing prepare an affidavit for the seller to sign stating that there are no known deed restricitons or homeowner's association in which mandatory dues must be paid.

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