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Nacmias Law Firm, PLLC

Real Estate

Title and Recording Services

We resolve title defects, recording issues, easement and boundary disputes, and ACRIS recording problems for NYC property owners and buyers — across all five boroughs.

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Overview

What you need to know about Title and Recording Services.

The basics, what we do, and the issues we see most.

What is title work in a NYC real estate transaction, and how do title defects get resolved?

Quick Answer

Title work confirms a seller actually owns the property and that no liens, encumbrances, or recording defects cloud the conveyance. NYC title is recorded in ACRIS (Automated City Register Information System, NYC Admin Code § 11-2105). Defects — old mortgages, incorrect legal descriptions, missing satisfactions, conflicting deeds, judgment liens — are resolved through negotiation, recording corrections, indemnity title insurance endorsements, or quiet-title actions in NY Supreme Court when necessary.

Services we offer for Title and Recording Services.

Most title issues surface 5-15 days before a closing — exactly when there's the least time to resolve them. We handle title clearance both as part of routine closings (see Residential Closings and Commercial Real Estate) and as standalone matters when title problems are discovered. Here's what we do.

  • Examine title reports and resolve flagged exceptions before closing
  • Negotiate resolution of liens, judgments, mortgages, and other monetary encumbrances
  • Resolve recording defects in ACRIS — corrected deeds, missing satisfactions, scrivener errors
  • Negotiate easement and right-of-way disputes (express, implied, and prescriptive)
  • Pursue quiet-title actions in NY Supreme Court under RPAPL Article 15
  • Handle adverse possession claims and defenses under RPAPL Article 5
  • Coordinate with title insurance underwriters on endorsements, exceptions, and affirmative coverage

Scenarios we see most.

  • Open mortgages of record without recorded satisfactions (often from refinances or sales decades ago)
  • Judgment liens and mechanics' liens against the seller or property
  • Estate-related title defects — deceased owners, missing probate, defective fiduciary deeds
  • Recording errors in ACRIS — wrong block/lot, scrivener errors, illegible signatures
  • Easement disputes — driveways, party walls, utility easements, light/air easements
  • Boundary disputes — fence lines, encroachments, surveyor disagreements
  • Adverse possession claims (10-year statutory period under RPAPL Article 5)
  • Co-op proprietary lease issues — original sponsor obligations, board approval defects

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

First-Time Buyers

Co-op and condo closings, board package review, contract negotiation.

Sellers & Investors

Sale contract drafting, title clearance, post-closing matters.

Developers & Sponsors

New-construction sales, offering plans, sponsor unit closings.

Commercial Buyers & Lessors

Commercial purchases, build-out clauses, assignment provisions.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Order or review title report; categorize exceptions (curative vs. permanent)

  2. 2

    Step 2 of 5

    Negotiate satisfaction, indemnity, or endorsement with affected parties and underwriter

  3. 3

    Step 3 of 5

    File corrective recordings (UCC-3, satisfaction of mortgage, corrected deed) in ACRIS

  4. 4

    Step 4 of 5

    Coordinate with sellers, lenders, prior closing attorneys, and title underwriter

  5. 5

    Step 5 of 5

    If unresolvable: pursue quiet-title action or affirmative title insurance coverage

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

What's a title insurance policy and what does it actually cover?

Title insurance is an indemnity policy covering loss from defects in the insured title that exist as of the policy date but were not disclosed. Two types: owner's policy (protects the buyer's equity, lasts as long as you own) and lender's policy (protects the mortgage holder, typically required by lenders). Standard exceptions include defects disclosed in the title report and not insured over. NYS title insurance is regulated by the Department of Financial Services with standardized rates. Most defects that surface at closing are resolved through endorsements, satisfactions, or affirmative coverage rather than litigation.

Question 2

What's a quiet-title action and when do I need one?

A quiet-title action under RPAPL Article 15 is a NY Supreme Court proceeding to determine and confirm ownership of real property — used when a title defect cannot be resolved through negotiation or curative recording. Common triggers: open recorded mortgages from decades ago where the lender no longer exists, conflicting deeds creating ambiguous title, adverse possession claims, or estate matters where the chain of title cannot be otherwise reconstructed. Typical timeline: 9-18 months from filing to judgment depending on contest. We pursue these where the title underwriter's cure isn't sufficient.

Question 3

Can someone really claim my property by adverse possession?

Yes — under RPAPL Article 5, after 10 years of hostile, open, notorious, exclusive, and continuous possession, a claimant can acquire title. The 2008 amendments raised the bar — claimants need 'actual occupation' and a reasonable basis to believe they owned the property; pure encroachment and 'de minimis non-structural' use don't satisfy the standard. Most modern adverse possession claims are about boundary line disputes (fences, driveways, garages) rather than entire parcels. Both prosecution and defense of these claims involve fact-heavy investigation of historical use.

Question 4

How do I record a deed in NYC, and what does ACRIS cost?

Deeds in NYC are recorded electronically through ACRIS (Automated City Register Information System) at NYC Department of Finance. Recording fees include: $32-$49 per deed page, plus the New York State real estate transfer tax (RPL § 1402, 0.4% statewide), NYC real property transfer tax (NYC Admin Code Title 11 ch 21, 1-2.625% depending on property type and price), and Mansion Tax for residential transfers $1M+ (1-3.9% based on price tiers). Title insurance recording-related charges are separate. We handle ACRIS submissions for all closings.

Question 5

I bought a property and discovered a title defect after closing. What can I do?

First step: review your owner's title insurance policy and report the defect to the underwriter. The policy obligates the underwriter to defend or cure most insured defects at the underwriter's expense. If the defect was an excepted item or if the policy doesn't cover it, you may have claims against: the seller (under deed warranties or contract representations), the prior closing attorney (malpractice), or the title abstracter (negligence). Each route has different statute of limitations — don't delay engagement once a defect is discovered.

Question 6

What does it cost to resolve a title issue?

Routine title clearance as part of a closing is included in the closing fee (see Residential or Commercial). Standalone title work: simple recording corrections $1,500-$3,500; lien negotiation (per lien) $1,500-$5,000; easement disputes $5K-$25K depending on whether litigation is needed; quiet-title actions $15K-$50K through judgment. Free initial consultation to identify the cure path and provide a fee scope.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

View all guides
External

Department of Finance (DOF)

DOF administers the City's tax system, including property taxes, business taxes, and other revenue collection.

Free case review

Title issue surfacing on a closing or post-closing?

Most title problems can be resolved with the right approach to the underwriter or affected parties. Litigation is the last resort, not the first. Same-day review during business hours.

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An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters