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
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
- Cloud on titleAny claim or encumbrance that may impair the owner's title. New York owners resolve the serious ones through a quiet title action under RPAPL Artic...
- Title commitmentThe document offering to insure title on stated terms, with Schedule A facts and Schedule B requirements and exceptions. It is the working agenda b...
- Curative workThe clearance steps taken between commitment and closing to remove title requirements: releases, satisfactions, corrective deeds, estate paperwork ...
- Judgment lienA lien created by docketing a money judgment against the owner. It reaches real property in the county of docketing and is a routine payoff item at...
- Satisfaction of mortgageThe instrument that releases a paid mortgage from the record. Until it is recorded, the old mortgage still appears as a lien against the property.
Questions this raises
- What is curative title work?Curative work clears Schedule B-I before closing: payoffs, missing satisfactions, heirship affidavits, ACRIS indexing fixes and escrow holdbacks in...
- What is the difference between a title search and a title commitment?The search is raw discovery. The commitment is the insurer's offer, split into Schedule A, B-I requirements and B-II exceptions. How to read both i...
- What does title insurance cover?Old liens, recording errors, forged deeds, undisclosed heirs, easements: what a New York title policy covers, what Schedule B excludes, and how cla...
- How long does a title search take?Three to five business days for a clean NYC house or condo, longer for co-ops, estates and multi-parcel files. What slows a New York title search d...
Title issues
- Unsatisfied mortgage of recordA paid-off mortgage with no recorded satisfaction still reads as a live lien in ACRIS. Here is how it is found, how it is cleared, and who pays for...
- Judgment lien against the sellerA docketed money judgment attaches to New York real property the seller owns in that county. Here is how it surfaces, how it clears, and who pays it.
- Open permitAn open DOB permit is work the City still shows as unfinished. It rarely kills a NYC deal outright, but it moves the date and it follows the buyer.
The statute itself
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Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.