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

Title insurance covers problems that existed before you took title: unsatisfied mortgages, judgment and tax liens against prior owners, recording and indexing errors, forged or improperly acknowledged deeds, undisclosed heirs, and undisclosed easements. The policy pays defense costs as well as covered loss, subject to the exceptions listed in Schedule B.

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

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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.