Our Energy Services group has underwritten and closed in excess of $13B in utility-scale energy projects

Let us serve as your single point of contact for all of your Energy title needs nationwide. Our energy practice group specializes in insuring energy-related infrastructure facilities, including:

Gas Fire Power Plants
Substations

Transmission
Industrial

Chemical Facilities
Pipeline

We invite you to experience the same professionalism and success that these fine projects have enjoyed from partnering with our Energy specialists:

Wind
  • 150 MW (Texas Panhandle)
  • 200 MW (Project located in both Texas and Oklahoma)\
  • 300 MW (Texas Panhandle, 2 counties)
  • 400 MW (Nebraska)
  • 80 MW Wind Farm (South Texas, 3 counties)
  • 100 MW (Oregon)
  • 90 MW Wind Farm (South Texas)
  • 120 MW (North Texas)
  • 60 MW (North Texas)
  • 250 MW (North Texas)
Solar
  • 240 MW (West Texas)
  • 108MW (Idaho)
  • 100 MW (West Texas)
  • 60 MW (2 sites - Hawaii Portfolio)
  • 50 MW (West Texas)
  • Several 1-5 MW sites (Massachusetts Portfolio)
  • 5 MW (Puerto Rico)
  • 2.3 MW (Wisconsin)
  • 5 MW (Minnesota)
Transmission/Substation
  • 5 County Transmission/Substation Project. Total title insurance liability over $200 million.
Natural Gas-Fired Power Plants
  • Plant located in Pennsylvania. Total title insurance liability approximately $1 billion.
  • 1000 MW (Texas)
  • 1,200 MW (Virginia)
  • 2 Sites located in Arizona and Arkansas. Total title insurance liability approximately $1.75 billion.  
Pipeline
  • Landfill gas pipeline project. Total title insurance liability amount approximately $15 million.
Chemical
  • Refinance of 9 site portfolio located throughout the United States.
  • Ethanol Plant. Total title insurance liability amount approximately $850 million.
Industrial
  • Worked with national REIT insuring sites throughout the United States.
Mining
  • Frac Sand processing facility located in West Texas. Total title insurance liability amount several hundred million dollars.
  • Frac Sand operation located in Illinois.

We eliminate execution risk by providing stakeholders with the affirmative coverages and endorsements required to close, with no surprises.


We select underwriters based on client preference, project title-risk profile, geographic location and other factors. We leverage our underwriting relationships to secure the best value and terms for our clients.

We offer a tailored approach based upon your project needs and have the capacity to facilitate large-scale utility projects.

Frequently Asked Questions

What are the benefits of using an agent as opposed to using a single underwriter?

Answer:

As an authorized title insurance agent for all of the major national underwriters, Thomas Title leverages these relationships to secure the best terms and value for its clients. We know each underwriter’s risk appetite concerning specific coverages across energy asset classes and geographic locations. In the unlikely event an underwriter’s requirements are unrealistic, we have the ability to move the project to another underwriter seamlessly, without losing any deal knowledge.

Can Thomas Title facilitate projects nationwide?

Answer:

Yes, we have a team of attorneys, closers and title coordinators on staff that focus only on energy projects. Our energy group is a national single point of contact with the bandwidth to handle even the most demanding and complex projects.

What separates Thomas Title from its competition?

Answer:

Besides being one of the only national title insurance agencies with a dedicated energy services practice, Thomas Title takes a white glove approach to every transaction. Our priority is to eliminate execution risk by providing stakeholders with the affirmative coverages and endorsements required to close, with no surprises.

What’s the best way to contact Thomas Title & Escrow?

Answer:

Our Energy Group is based in Houston. Please give us a call at 713-438-2543 or email Mskalka@Thomastitle.com

What is needed to initiate your processes?

Answer:

Typically we would need the name of the landowner and the legal description. If a legal description is unavailable please provide the property identification number shown in the local tax records. Please also provide any vesting deeds or prior title work already in your possession.

What can I expect in terms of:
  • Client services? Professional, responsive, dedicated and creative.  
  • Timelines? Timing is dependent on the location and size of the project. We will provide an estimated turnaround time once the order is opened and will follow up frequently to make sure deadlines are met.  
  • Costs - As we have the ability to leverage our underwriting relationships, we can secure the best value for our clients.
  • Communication? Our team of attorneys, title coordinators and escrow officers are ready to facilitate even the largest and most complicated transactions. We keep our clients informed every step of the way to ensure deadlines are met.

 

Site Control Due Diligence/Title Commitments:

Title commitments ordered
  • Length of search period based on geographical location and type of project. (e.g. patent/sovereignty search)
    Thomas reviews site control documents (e.g. Lease, Easement, Deed) for insurability along with legal descriptions, recordability, proper landowner, landowner warranties).
Curative
  • Thomas and client work together on curative matters, which may include:
    SNDAs (Mortgages, Deeds of Trust, Agricultural Leases)
    Review of landowner entity documents (Trusts, LLCs etc.)
    Involuntary liens
    Heirship issues
    Vesting gaps
    Minerals: Review of Mineral Ownership Report, surface waivers, accommodation agreements.

Pro Forma:

  1. Thomas complies all title commitments into a working pro forma. i. Thomas complies all title commitments into a working pro forma. 

Survey review:

  • Contiguity
  • Encroachments
  • Crossings
    Review easements for restrictive/exclusive language
  • Legal descriptions
  • Site Layout
    Tie coverages to pre-construction survey
    Minerals - Drill site windows if necessary

Endorsements/Affirmative Coverages:

  • Being seasoned in these deals, Thomas appreciates and anticipates the endorsements and coverages that developers, lenders and equity providers will require and therefore all projects are underwritten with these endorsements/coverages in mind (e.g. enforced removal, mineral coverage, non-imputation etc.)

Closing/Policy Issuance:

  • Financing:
  • We are experienced with appropriate coverages for construction lenders, hedge providers, tax equity.
    Non-Imputation
    Mechanic’s Lien Coverage (if available) and appropriate documents supplied.
  • Closing Documents:
    Indemnities
    Title Certifications
    Landowner Estoppels
  • Recording of any closing documents
    Settlement

Transaction Life Cycle