Closing questions
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 claims work.
What does title insurance cover?
Quick Answer
The covered risks share one trait: they were already true on the day you took title, even if nobody knew. A satisfaction that was signed but never recorded leaves an open mortgage on the record. A judgment docketed against a prior owner attaches to real property in the county where it was entered.
Forgery, undue influence and defective acknowledgment sit in the same category. So does a deed out of an estate where an heir was never identified. New York estates that pass through several generations of family transfers are a common source of these claims.
The policy also pays the cost of defending the covered claim, which is often the larger number. Clearing a docketed judgment that belongs to a different person with the same name takes affidavits, court records and sometimes a proceeding, and that work is covered when the risk is insured.
What it does not cover is anything on Schedule B, anything you created or agreed to, and anything about the physical condition of the building. Open permits, code violations and boundary encroachments may or may not be insured depending on the exceptions and endorsements on your specific policy.
Coverage stops at the policy amount unless an inflation or market value endorsement applies, so a property that has appreciated well beyond the purchase price is insured at the older number. That is worth checking on a long hold, and your attorney can tell you which endorsements were attached to your policy at closing.
Are open DOB permits covered by title insurance?
Usually not by the policy itself. Open permits and code violations are ordinarily handled as requirements or exceptions rather than covered risks, and are cleared before closing or escrowed against. Ask whether the municipal search picked up open permits and how the parties agreed to resolve them.
What is excluded from a New York title policy?
Matters created or agreed to by the insured, matters known to the insured and not disclosed, governmental police power and zoning, eminent domain, and anything listed in Schedule B. Survey matters, rights of tenants in possession and unpaid municipal charges appear as standard exceptions unless removed.
What else should you read before closing?
In the glossary
- 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 ...
- EncumbranceAny interest in the property held by someone other than the owner, whether monetary such as a mortgage or lien, or non-monetary such as an easement...
- 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...
- ForgeryA falsified signature or instrument in the chain of title. Because a forged deed passes no interest, it sits among the hidden risks a title policy ...
- EasementA right to use part of another owner's property for a specific purpose. Easements appear as exceptions on a title report and generally survive a sa...
Questions this raises
- What is title insurance?Title insurance covers defects in a property's past: old liens, recording errors, forged deeds, undisclosed heirs. How the coverage works in New York.
- 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...
- 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...
Title issues
- 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.
- 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...
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.