Texas Title Insurance Endorsements: Forms, Costs, and Who Pays

Texas title insurance endorsements are standardized add-ons that expand or modify what an owner’s or loan policy covers, addressing risks the base policy excludes: boundary problems, restrictive covenant violations, encroachments, mineral extraction damage, HOA lien priority, condominium formation defects, manufactured housing, home equity compliance, and more. Every endorsement form and every price is set by the Texas Commissioner of Insurance, so the same T-form costs the same amount and reads the same way at any title company in the state.1Texas Department of Insurance. Texas Basic Manual of Title Insurance Section III – R-1 Schedule of Basic Premium Rates

That structure changes how to shop. You aren’t comparing coverage language between insurers. You’re deciding which endorsements to attach to your policy, and the choice comes down to your property type, your loan structure, and what risks you want the insurer to absorb.

The Survey Amendment: Boundary and Encroachment Coverage

The survey amendment is the endorsement most Texas homebuyers encounter. Governed by Procedural Rule P-2, it removes the standard policy exception for “area and boundaries” and leaves only shortages in area excluded. Without it, your policy will not respond to boundary disputes, encroachments, or overlapping improvements a survey would have shown. With it, the title insurer takes on that risk.2Texas Department of Insurance. Basic Manual of Title Insurance, Section IV – P-2 Amendment of Exception to Area and Boundaries

You don’t necessarily need a fresh survey to get the amendment. Under P-2, the title company can accept an existing survey along with an affidavit verifying it, regardless of the survey’s age or who ordered it. For residential property, the affidavit must be the Form T-47. On a residential refinance, the company can accept the borrower’s prior survey if it’s no more than seven years old and the borrower signs an affidavit confirming no changes to the property’s physical condition.2Texas Department of Insurance. Basic Manual of Title Insurance, Section IV – P-2 Amendment of Exception to Area and Boundaries

The pricing is asymmetric. On a loan policy the survey amendment is free. On a residential owner’s policy it costs 5% of the basic premium, with a $20 minimum. On non-residential property it runs 15% of the basic premium.3Texas Department of Insurance. Basic Manual of Title Insurance, Section III – R-16 On a $300,000 residential owner’s policy, that works out to roughly $80 to $85 under the 2026 rate chart.4Texas Department of Insurance. Texas Title Insurance Premium Rates – Effective March 1, 2026

Restrictions, Encroachments, and Minerals: T-19 and T-19.1

The T-19 series broadens coverage in three directions the base policy leaves exposed: violations of restrictive covenants, encroachments in either direction, and surface damage from mineral extraction.

The T-19.1 attaches to an owner’s policy. It covers loss if an existing improvement violates an enforceable restrictive covenant at the time you buy, if your improvements encroach onto adjoining land or an easement, or if a neighbor’s structure encroaches onto your property. The mineral piece is particularly important in Texas: the T-19.1 insures against damage to improvements caused by someone exercising existing rights to extract oil, gas, coal, lignite, or other subsurface resources. If a pre-existing mineral lease later produces drilling that damages your home or driveway, the endorsement puts the insurer on the hook.5Texas Department of Insurance. Form T-19.1 – Restrictions, Encroachments, Minerals Endorsement – Owner’s Policy

The T-19 covers the same categories but attaches to a loan policy and protects the lender’s security interest. The borrower typically pays the premium at closing, but only the lender can claim under it.

Both forms are issued under Procedural Rule P-50, and the title company can decline to include any of the four insuring provisions if it considers a particular risk uninsurable on the property. The endorsement you receive may not carry every section.6Texas Department of Insurance. Basic Manual of Title Insurance, Section IV – P-50 Premiums for the T-19 and T-19.1 fall under Rate Rule R-29 and are calculated as a percentage of the basic premium.7Texas Department of Insurance. Title Insurance Basic Manual, Section III Rate Rules

Loan Policy Endorsements by Property Type

Lenders require different endorsements depending on what you’re buying. These are usually non-negotiable pieces of the lender’s underwriting.

Planned Unit Development (T-17)

For homes inside an HOA, the T-17 insures the lender against loss from existing violations of restrictive covenants and against the risk that HOA assessment liens recorded before the policy date could take priority over the mortgage. In practical terms, the lender won’t lose first-lien position to unpaid HOA dues that predate the loan.8Texas Department of Insurance. Form T-17 – Planned Unit Development

Condominium (T-28)

The T-28 does more work than the T-17 because condo ownership depends on the validity of the whole project. It insures that the condominium was legally created under Texas law, that the condo documents comply with statutory requirements, and that the unit can be separately assessed for property taxes. It also covers loss from encroachments between units and common elements, and from any right of first refusal that could have been exercised at the policy date.9Texas Department of Insurance. Form T-28 Condominium Endorsement

Manufactured Housing (T-31 and T-31.1)

When a manufactured home sits on the financed land, the T-31 amends the policy’s definition of “Land” to explicitly include the manufactured housing unit by serial number. Without it, the lender’s lien might cover only the dirt underneath and not the structure.10Texas Department of Insurance. Form T-31 – Manufactured Housing Endorsement

The T-31.1 adds affirmative coverage: it insures the lender against loss if the unit turns out not to qualify as real property under Texas law, which matters because personal property and real property follow different foreclosure rules.11Texas Department of Insurance. Form T-31.1 Supplemental Coverage Manufactured Housing Unit Endorsement Most major lenders and government-backed loan programs require both.

Endorsements for Specific Loan Structures

Home Equity Loans (T-42)

Texas home equity lending is governed by strict constitutional rules, including the requirement that each owner and spouse consent in writing and the one-year waiting period between equity loans on the same property. The T-42 insures the lender against loss if the mortgage lien is invalidated because the loan failed to comply with those requirements.12Texas Department of Insurance. Form T-42, Equity Loan Mortgage Endorsement A home equity lender in Texas would rarely close without it.

Revolving Credit Lines (T-35)

For loans structured as revolving credit, the T-35 insures that the lender’s lien holds its priority as the borrower draws, repays, and re-borrows. It covers the risk that re-advances and repayments could undermine priority, or that a gap in outstanding balance could give another creditor an opening. It does not cover priority losses from advances made after a bankruptcy petition is filed, from federal tax liens the lender knew about, or from environmental protection liens.13Texas Department of Insurance. Form T-35 Revolving Credit Endorsement

Environmental Protection Liens (T-36)

The T-36 applies only to residential property. It insures the lender against loss of mortgage priority from environmental protection liens, whether already recorded at the policy date or arising under state statutes in effect at that time.14Texas Department of Insurance. Form T-36 Environmental Protection Lien Endorsement These liens can jump ahead of an existing mortgage by operation of law, which is what makes the coverage worth having.

Balloon Mortgages (T-39)

The T-39 covers balloon loans where the borrower has a conditional right to refinance at maturity. It insures against the lien becoming invalid or losing priority when the term extends to a new maturity date and the interest rate changes under the balloon rider. It excludes usury claims, consumer credit protection violations, and bankruptcy.15Texas Department of Insurance. Form T-39 Balloon Mortgage Endorsement

What Endorsements Cost in 2026

Endorsement premiums are set by the Commissioner and published in the Basic Manual’s rate rules. The current basic premium rates reflect Commissioner’s Order 2025-9697, effective March 1, 2026.7Texas Department of Insurance. Title Insurance Basic Manual, Section III Rate Rules No title company can discount, waive, or negotiate them.

Most loan policy endorsements are flat fees between $20 and $50:16Texas Department of Insurance. Basic Manual of Title Insurance, Section III – R-11

  • T-17 Planned Unit Development: $25
  • T-31 Manufactured Housing: $20
  • T-31.1 Supplemental Manufactured Housing: $50
  • T-33 Variable Rate Mortgage: $20
  • T-35 Revolving Credit: $50
  • T-36 Environmental Protection Lien: $25
  • T-39 Balloon Mortgage: $25 when issued with the policy, $50 if issued later

The survey amendment follows the percentage model described above: free on a loan policy, 5% of basic premium (with a $20 minimum) on a residential owner’s policy, and 15% on non-residential property.3Texas Department of Insurance. Basic Manual of Title Insurance, Section III – R-16 The T-19 and T-19.1 are also priced as a percentage of basic premium under Rate Rule R-29.7Texas Department of Insurance. Title Insurance Basic Manual, Section III Rate Rules

Who Pays and Who Can Claim

Texas leaves the allocation of title insurance premiums, endorsements included, to negotiation between buyer and seller.17Texas Department of Insurance. Title Insurance FAQ Custom varies by region. In many Texas counties, the seller pays for the owner’s policy and the buyer pays for the loan policy and its endorsements, but nothing locks that in.

Keep the two policies straight when you decide what to pay for. Endorsements on the loan policy protect the lender, not you, even though you almost always cover the cost at closing. You cannot make a claim on a loan policy endorsement. Endorsements on the owner’s policy protect you directly, and they remain in effect for as long as you or your heirs own the property. That makes a form like the T-19.1 a one-time premium at closing for coverage that lasts indefinitely, which is worth weighing against the flat lender-side fees you’re already being asked to pay.