Closing questions

When does the reissue rate apply?

Producing a prior owner's or lender's policy within the reissue period lowers the New York premium. Where to find the old policy and what qualifies a file.

When does the reissue rate apply?

Quick Answer

The TIRSA reissue rate applies when a prior owner's or lender's policy on the same property can be produced and falls within the reissue period set by the rate manual. The discount runs off the prior policy amount, so producing the old policy at intake is worth the search.

Reissue is a rate rule, not a coverage rule. The rate manual filed by TIRSA and approved by the Department of Financial Services allows a reduced premium when the same land was insured under a prior policy that can be produced and that falls inside the applicable period.

The prior policy is the proof. A settlement statement showing a premium was paid is helpful but is not the policy, and an underwriter can decline the rate without the document. Ask for it at intake rather than the week of closing, because tracking down an old policy takes time.

Where to look: the client's closing binder, the prior attorney's file, the prior lender's file on a refinance, and the prior title agent's records with the client's written consent. Long-held family properties are the hardest, and estate files sometimes hold the original.

On a refinance the analysis differs from a purchase. A refinance is insuring a new lender, so the comparison is against the prior lender's policy, and the amount of the prior policy caps the portion of the new policy eligible for the reduced rate. New money above that is written at the standard rate.

Because the manual is revised, confirm the current period and the current calculation with the underwriter for the specific file rather than relying on a remembered number. The rule to carry is procedural: ask for the prior policy on every file, every time.

What if the prior policy cannot be found?

The reduced rate can be declined without it. Before giving up, ask the prior lender, the prior closing attorney and the agent that issued the policy, since agents keep policy records and will often produce a copy on the insured's written consent. Start the request at intake, not at closing.

Does the reissue rate apply on a refinance?

It can, measured against the prior lender's policy rather than an owner's policy. The prior policy amount sets how much of the new lender's policy qualifies for the reduced rate, and principal above that amount is written at the standard rate. Confirm the calculation with the underwriter on the file.

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.