Title Insurance in Montana: A Great Falls Buyer’s Guide

Buying a home in Great Falls is exciting, but sorting out what title insurance does can feel confusing. You want to know your investment is protected and that your right to own and use the property is clear. In this guide, you will learn what title insurance covers, how the process works in Cascade County, the local risks to watch, and the key steps to take before closing. Let’s dive in.

What title insurance is

Title insurance protects you and your lender from losses caused by title defects that existed before closing. Common issues include recording errors, unpaid liens, or a deed in the chain of title that was forged or signed by someone without authority. You pay a one-time premium at closing and coverage lasts as long as you have an interest in the property.

Owner vs. lender policies

There are two separate policies. An owner’s policy protects your equity and right to possess the property. A lender’s policy protects the lender’s loan interest and does not protect you. If your lender requires a policy, you should still consider purchasing your own owner’s policy for protection.

How it differs from home insurance

Home insurance covers future events like fire or wind. Title insurance focuses on past events that created legal defects. It is issued after a professional title search and a title commitment that lists what is covered and what is excepted.

How the Great Falls title process works

In Cascade County, the title search relies on the official records maintained by the Cascade County Clerk & Recorder. Local title companies and settlement attorneys handle most searches and closings. The process is straightforward once you know the steps.

Typical sequence from order to closing

• Order the title search through your title company or your lender.
• The examiner reviews deeds, mortgages, liens, judgments, plats, and probate records, then issues a title commitment (also called a preliminary report).
• The parties clear any issues listed under Requirements, such as paying off liens or recording corrective documents.
• Closing occurs. Funds are disbursed, documents are recorded, and your title policy is issued.

Local timelines

Plan for several business days to a few weeks from order to title commitment. Older properties or rural tracts with long chains of title can take longer. Closings in Montana can be escrow-style with a title or escrow company or handled by settlement attorneys. Ask your agent what is customary right now in Great Falls.

Read your title commitment

The title commitment is your roadmap to coverage. Review it carefully before you remove contingencies or close.

Key items to check

• Legal description and current vesting. Confirm it matches the property you are buying.
• Schedule B exceptions. This is what your policy will not cover, such as easements and restrictive covenants.
• Requirements. These are the items that must be satisfied before the policy will be issued.
• Plat maps and recorded CC&Rs. If the property is in a subdivision, understand any use or building restrictions.

Great Falls risks to watch

Every property is unique, but certain issues show up often in Great Falls and across Cascade County. Knowing these helps you ask better questions and request the right endorsements.

Older titles and chain gaps

Many Great Falls neighborhoods have properties that have changed hands many times. Older records can include ambiguous legal descriptions or unrecorded conveyances. A careful search helps surface and fix these before closing.

Mineral rights

In Montana, mineral rights are a separate property interest. Past owners may have reserved or conveyed minerals separately from the surface estate. For rural or semi-rural parcels, confirm whether mineral rights are included, reserved, or leased. Recorded reservations of mineral rights often appear as exceptions to coverage.

Water rights and irrigation

Water rights are a distinct property interest in Montana. If a property uses a well, surface water, or irrigation ditches, title review should include checking records with the Montana Department of Natural Resources and Conservation (DNRC). Confirm claims, priority dates, and whether the water rights transfer with the land.

Easements and access

Irrigation ditch, utility, and railroad easements are common. Make sure there is recorded legal access for ingress and egress. Where access is uncertain or limited, consider endorsements that insure access when available.

Floodplain and river adjacency

Parcels near the Missouri River and its tributaries can lie in a FEMA floodplain. Floodplain status can affect building permits and insurance requirements. Title policies do not typically cover floodplain designations unless a specific endorsement is offered.

Taxes and special assessments

Verify tax status with the Cascade County Treasurer and check for any special assessments for streets, sewers, or districts. Unpaid taxes or assessments must be cleared at or before closing.

Properties near reservation boundaries

If a property is near a reservation line, additional review may be needed to confirm jurisdiction and that past transfers follow applicable law. Ask your title provider and your agent if this applies to your parcel.

Common exceptions and endorsements

Title commitments in Montana include standard exceptions. You can often improve protection with endorsements when the facts and underwriting allow.

Typical exceptions you may see

• Recorded easements and restrictions.
• Rights of way and matters shown on a plat or map.
• Taxes and assessments.
• Recorded reservations of mineral rights and similar interests.

Endorsements to consider

• Survey or ALTA/NSPS survey endorsements if you have a current survey that meets standards.
• Mineral and water rights endorsements where available, to address coverage limits related to severed minerals or water rights.
• Access and easement endorsements to insure vehicular and pedestrian access.
• Plat, zoning, or subdivision endorsements related to recorded plats.
• Gap or extended coverage endorsements to reduce risk between the commitment date and recording.

Availability and terms vary by title company and by property. Ask your local title provider what they can offer in Cascade County.

What title insurance will not cover

Title insurance focuses on recorded matters and prior defects. It will not cover everything related to a property.

• Unrecorded issues that would not be found through a record search, unless discoverable by a reasonable inspection.
• Matters created after the policy date. Owner’s policies cover defects that existed on the policy date, not future events.
• Zoning or building code violations unless a specific endorsement applies.
• Environmental contamination. This is not part of standard title coverage.

Costs and who pays in Cascade County

You pay for title insurance once at closing. Rates and discounts vary by company and by state. Customs on who pays for an owner’s policy can differ from one Montana region to another and can change over time. For accurate figures, request written quotes for both owner and lender policies from two or more local title companies in Great Falls.

Buyer checklist for Cascade County

Use this quick list as you go from offer to closing.

• Ask for the title commitment early and read Schedule B exceptions closely.
• Confirm the legal description matches the property you toured and expect to buy.
• Order or request a recent survey if boundaries, fences, or improvements are in question.
• Verify mineral rights status in the deed history and ask the seller for disclosures.
• Check water rights with the DNRC if the property uses wells, surface water, or irrigation.
• Confirm property tax status and any special assessments with the Cascade County Treasurer.
• Review recorded CC&Rs and subdivision plat restrictions for use and building limits.
• Ask your title company about endorsements for survey, access, water, or mineral coverage.
• If the property is near the Missouri River or mapped floodplain, review flood insurance requirements.
• Get written quotes from at least two local title providers. Confirm who pays which fees in your contract.

Red flags to address before closing

Catch and resolve these items early to keep your transaction on track.

• Missing or ambiguous legal description.
• Unreleased mortgages, mechanic’s liens, judgments, or tax liens.
• Recorded reservations of mineral rights or active mineral leases.
• Lack of recorded access or easements for ingress and egress.
• Multiple prior deeds with inconsistent names or signs of probate gaps.

Clearing title defects

Many issues can be cured before closing with routine steps. Your title company will list the requirements in the commitment.

• Payoffs and releases for mortgages or liens.
• Corrective deeds or affidavits to fix vesting or past errors.
• Quitclaim deeds for stray or disputed interests in the chain of title.
• Escrow holdbacks to resolve minor items.
• Quiet title actions for complex or contested ownership disputes when needed.

Local resources and who to call

When you need to verify details, these offices and professionals are your go-to resources in Great Falls and across Montana.

• Cascade County Clerk & Recorder for deeds, plats, easements, and other recorded documents.
• Cascade County Treasurer and Assessor for tax status, parcel maps, and assessed values.
• Montana DNRC for water rights and irrigation records.
• Montana Department of Insurance for regulation, licensing, and consumer guidance on title insurers.
• Local title companies and settlement attorneys in Great Falls for quotes, underwriting options, and closing customs.

How your agent helps

A knowledgeable local agent helps you read the title commitment, coordinate with the title company, and negotiate solutions when issues pop up. In a place like Great Falls, where water and mineral rights can matter and older titles are common, having a hands-on guide can save you time and stress. Your agent can also suggest which endorsements to ask about and help you get apples-to-apples quotes.

Ready to protect your purchase?

If you are buying in Great Falls or anywhere in Cascade County, take the time to understand your title commitment and ask questions early. Confirm mineral and water rights, clear any liens, and request endorsements that fit your property. When you are ready to move forward with confidence, let a local expert help you weigh options and keep your closing smooth.

Want a second set of eyes on your title commitment or help coordinating your closing? Connect with Tyree Real Estate for clear guidance and a smooth path to the finish line.

FAQs

What is owner’s title insurance for Great Falls buyers?

• It is a one-time policy you buy at closing that protects your equity and right to possess the property against title defects that existed before closing.

Does my lender’s title policy protect me as a buyer?

• No. A lender’s policy protects only the lender’s loan interest. You should consider your own owner’s policy for personal protection.

How long does a title search take in Cascade County?

• It typically takes several business days to a few weeks, depending on backlog and the complexity of the title history, especially for older or rural parcels.

What local issues should I check in Great Falls?

• Confirm mineral rights status, review water rights with the DNRC if applicable, evaluate easements and access, check floodplain maps near the Missouri River, and verify tax and assessment status.

Can title problems be fixed before closing?

• Many can. Common cures include releases, corrective deeds, affidavits, or escrow holdbacks. More complex disputes sometimes require a quiet title action.

Who usually pays for the owner’s policy in Montana?

• Customs vary by region and over time. Ask your agent and get written quotes from local title companies in Great Falls to confirm current practice for your deal.