Closing questions

What happens if the title search finds a problem before closing?

Schedule B-I requirements are the punch list, not a dead deal. How New York closings clear old liens, missing satisfactions and name hits before the table.

What happens if the title search finds a problem before closing?

Quick Answer

Most problems found in a search get cleared before closing rather than killing the deal. The title company lists them as requirements on Schedule B-I, and the parties work them off: recording a missing satisfaction, paying a small judgment out of seller proceeds, or supplying an affidavit the underwriter will accept.

Read the commitment as two lists. Schedule B-I is the punch list of things that have to happen before the policy issues. Schedule B-II is what will still be on your title afterward. Almost every New York file has entries on both, and most B-I items are routine.

The common ones repeat. A mortgage paid off years ago whose satisfaction was never recorded, which is cured by getting the satisfaction from the lender or its successor and recording it. A judgment or lien search hit against a person with a name close to the seller's, which is cured by an affidavit of identity.

Money problems are handled at the table. Open judgments, tax liens and unpaid water and sewer charges are typically paid out of the seller's proceeds and satisfied on the closing statement, so the deed and the payoff move at the same time.

Harder items need judgment. A missing heir, a break in the chain, an old deed with a defective acknowledgment, or an encroachment the survey picked up may need an indemnity, an affirmative insurance request to the underwriter, an escrow holdback, or in some cases a quiet title proceeding under RPAPL Article 15.

If an item cannot be resolved, the contract governs what happens next. The buyer's attorney should raise it as a title objection within the contract time, since the remedies (adjournment, price reduction, cancellation and return of the deposit) usually depend on giving proper notice.

Can I walk away if the title is not clear?

That depends on the contract. New York contracts typically require the seller to convey insurable title and give the seller an adjournment period to cure objections, after which the buyer can usually cancel and recover the deposit. Timely written notice of the objection is what preserves the right.

Who pays to clear a title problem?

Ordinarily the seller, because the seller contracted to deliver insurable title. Payoffs, satisfaction recording and lien discharges come out of the seller's proceeds at closing. Costs from the buyer's own choices, like endorsements the buyer's lender requires, stay on the buyer's side of the statement.

What else should you read before closing?

In the glossary

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