Closing questions
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 New York.
What is curative title work?
Quick Answer
Curative work is unglamorous and it decides closing dates. Most of it is procurement: getting a document from a servicer, a surrogate's court file, an estate fiduciary, a city agency or a predecessor in title, then getting it into recordable form and onto the record in the right order.
The recurring categories are worth knowing by name. Payoff letters and satisfaction follow-up. Lost instrument indemnities where an original note or mortgage cannot be produced. Affidavits of heirship and identity. Entity authority documents for an LLC or corporate seller. Powers of attorney conforming to New York's statutory short form.
Record-keeping errors are their own category. A prior recording indexed against the wrong block and lot, a deed recorded without the required transfer tax return, or a satisfaction indexed under a variant of the borrower's name all show as gaps that need a corrective recording rather than a payment.
Some items cannot be cured on the closing timeline, and the answer becomes an escrow holdback, affirmative insurance from the underwriter over a low-risk item, or a proceeding. Open violations and permits are often escrowed with a deadline and a right to draw on the escrow if the seller misses it.
Do the triage early. Read the commitment the day it arrives, sort B-I into items you control, items the seller controls and items a third party controls, and start on the third-party items first because they set the outside date for the closing.
How long does curative work usually take?
Items inside the parties' control take days. Items depending on a servicer, a surrogate's court file or a city agency take weeks and are the reason closings adjourn. Starting third-party requests the day the commitment issues is the single change that keeps most New York files on schedule.
What happens when a title issue cannot be cured?
The options narrow to insuring over it, escrowing against it, renegotiating price, or cancelling under the contract's title objection provisions. A structural defect in the chain may require a quiet title proceeding under RPAPL Article 15, which runs far past any ordinary closing timeline and needs to be raised early.
What else should you read before closing?
In the glossary
- Curative workThe clearance steps taken between commitment and closing to remove title requirements: releases, satisfactions, corrective deeds, estate paperwork ...
- Affidavit of titleA sworn seller statement given at closing affirming no undisclosed liens, judgments or claims against the property. It supports the coverage writte...
- Payoff letterA lender's statement of the amount required to satisfy and release a mortgage on a specific date, with a daily interest figure for any later date.
- ACRISNew York City's public index of recorded property documents. Deeds, mortgages, satisfactions, easements and many liens are recorded here, which mak...
- Power of attorneyWritten authority for one person to act for another. New York requires the statutory short form for most real property transactions, with specific ...
Questions this raises
- 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 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...
- How long does recording take in New York City?ACRIS e-recording usually accepts clean residential instruments within days. What causes rejections, how indexing works, and why recorded copies ar...
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...
- 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.
The statute itself
Have a closing coming up?
Tell us about the transaction. An attorney reads every intake form and responds the same business day.
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.