Closing questions
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 in New York.
What is the difference between a title search and a title commitment?
Quick Answer
The search product is a set of runs and copies: the chain of title with the recorded instruments, the judgment and lien runs against each named party, bankruptcy and federal tax lien searches, patriot searches, tax searches and the municipal departmentals. It states what was found, not what will be insured.
The commitment converts that into an offer. Schedule A recites the effective date, the policy amount, the estate insured, the proposed insured and the legal description. Schedule B-I lists what has to happen first. Schedule B-II lists what stays as an exception once the policy issues.
Attorneys read the commitment; the raw runs come out when a specific item needs chasing. A judgment hit that names a party correctly, a break in the chain, or a description that does not match the deed all send you back to the underlying documents.
Schedule B-II deserves as much attention as B-I. Easements, covenants and restrictions, party wall agreements, and the standard survey and tenancy exceptions will bind the buyer after closing. Removing an exception is a request made before the policy issues, not a correction made afterward.
The commitment is dated. Continuation searches run down the chain to the moment of recording, which is how a lien filed between the effective date and the closing gets caught. Confirm the rundown happened before funds move. A commitment that is several months old on an adjourned closing should be updated rather than relied on as issued.
What sits on Schedule B-I versus Schedule B-II?
B-I holds requirements: payoffs, satisfactions to be recorded, affidavits, entity authority documents, and anything else needed before the policy issues. B-II holds exceptions that survive: easements, covenants, restrictions, the standard survey exception, rights of tenants in possession, and unpaid municipal charges not yet liens.
Does a commitment mean the policy will definitely issue?
It is a conditional offer, not an unconditional one. The insurer commits to issue the described policy if every Schedule B-I requirement is satisfied, the premium is paid, and nothing intervening appears on the continuation search. Fail a requirement and the offer does not mature into a policy.
What else should you read before closing?
In the glossary
- 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...
- Title searchThe records examination behind a title report, covering the chain of title, encumbrances and court filings against the owners. It precedes the comm...
- Schedule AThe part of a title commitment or policy naming the insured, the policy amount, the current owner, the estate insured and the legal description of ...
- Title exceptionA matter the title policy does not insure against, listed on Schedule B. Some exceptions are removed before closing and others are simply accepted ...
- Abstract of titleA summarized history of a property's recorded ownership and encumbrances, compiled from the public record. It is the raw material a title examiner ...
Questions this raises
- 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...
- 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 th...
- When does the lender get the title commitment?The commitment reaches the lender's closing department once issued, usually days after a clean search. Why simultaneous delivery keeps a New York f...
Title issues
- 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.
- 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...
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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.