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Title Insurance Requirements in DC, Maryland, and Virginia: A Comparison

Title insurance requirements differ across DC, Maryland, and Virginia. Here's a jurisdiction-by-jurisdiction comparison to help agents, lenders, and buyers understand their obligations.

Will Rapuano · 6 min read · Updated

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Title Insurance Across the DMV: Not One-Size-Fits-All

One of the things that surprises people doing transactions across Virginia, Maryland, and DC is that the rules aren't the same in each jurisdiction. Not just the taxes — the title insurance requirements themselves differ in meaningful ways.

Virginia

Title Insurance Requirements by Jurisdiction
VirginiaMarylandDC
Owner's Title InsuranceOptional but recommendedOptional but recommendedOptional but recommended
Lender's Title InsuranceRequired (all mortgages)Required (all mortgages)Required (all mortgages)
Who Chooses Title Co.Buyer (can shop freely)Buyer (can shop freely)Buyer (can shop freely)
Transfer Tax (buyer)LowState + CountyHigh (1.45% recordation)
Simultaneous Issue Discount✅ Available✅ Available✅ Available
Title Insurance Requirements by Jurisdiction
VirginiaMarylandDC
Owner's Title InsuranceOptional but recommendedOptional but recommendedOptional but recommended
Lender's Title InsuranceRequired (all mortgages)Required (all mortgages)Required (all mortgages)
Who Chooses Title Co.Buyer (can shop freely)Buyer (can shop freely)Buyer (can shop freely)
Transfer Tax (buyer)LowState + CountyHigh (1.45% recordation)
Simultaneous Issue Discount✅ Available✅ Available✅ Available

Cost: On a $600,000 purchase, a standard owner's policy is about $2,470 in Stewart Title's published Virginia schedule, before discounts. Compare the title insurance premium across quotes. The lender's policy issued at the same time is a flat $200 in that schedule.

Attorney involvement: Virginia does not require an attorney to be present at closing. However, attorney-supervised closings are common for complex transactions.

Maryland

Is title insurance required?

Lender's coverage is required by lenders; owner's is optional but highly recommended.

Who chooses?

Maryland buyers have the right to select. However, if your lender, broker, or agent has a financial relationship with a title company they're recommending, they must disclose it.

Cost: On a $500,000 purchase, a standard owner's policy is $2,507.50 in Stewart Title's published Maryland schedule, before discounts. The lender's policy issued with it is $350.

Attorney requirement: Maryland does not require an attorney at closing for residential transactions, but attorneys are commonly used.

Washington, DC

Is title insurance required?

Lender's title insurance is required for all mortgage transactions. DC also has a notably high rate of owner's title insurance adoption because of the complexity of DC real estate.

Cost: On an $800,000 purchase, a standard owner's policy is $4,050 in Stewart Title's published DC schedule, before discounts. The lender's policy issued with it is $100.

Attorney requirement: A notary or a title company's settlement agent can conduct a DC closing. But preparing the deed and other documents that affect title is the practice of law in DC (D.C. Court of Appeals Rule 49), so DC title companies work with a DC-licensed attorney for that part.

DC-specific title issues to watch for:

  • Condo association pending assessments and liens
  • Historic district covenants and restrictions
  • Older properties with chain of title gaps

The Practical Takeaway

If you're working a transaction near a state line — a buyer from Maryland buying in Virginia, or a DC resident purchasing in Fairfax County — make sure your title company has active experience in the specific jurisdiction where the property sits.

Title requirements, recording procedures, tax calculations, and timing all differ.

Frequently Asked Questions

Is title insurance required?

Lender's title insurance is required by virtually all mortgage lenders. Owner's title insurance is optional — but strongly recommended.

Who chooses the title company?

In Virginia, buyers have the right to select the title company. This is explicitly protected under Virginia law.

General information about title insurance and closing costs in Virginia, Maryland and DC, not legal or tax advice. Tax rates, fees and rules change, so confirm the figures for your own transaction.

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