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
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
- TIRSAThe rate service organization whose filed manual sets New York title insurance premiums, endorsement charges and the reissue and simultaneous issue...
- Premium (title insurance)The one-time charge for a title policy, computed from the filed New York rate schedule by amount of insurance, plus any endorsement and search-rela...
- Owner's policyTitle insurance protecting the buyer's ownership interest, issued for the purchase price with a single premium. Coverage continues while the insure...
- Lender's policyTitle insurance protecting a lender's lien position, issued in the loan amount. Its coverage falls as the principal balance falls and ends when the...
- Simultaneous issueIssuing an owner's policy and a lender's policy together on one transaction, which reduces the charge for the loan policy under the filed New York ...
Questions this raises
- How much does title insurance cost in New York?NY title premiums come from the TIRSA rate manual approved by DFS, so every licensed agent charges the same. What actually changes your closing num...
- What amount is the lender's policy issued for?The lender's policy is written at the loan amount, at a simultaneous issue rate when an owner's policy is issued too. How changes before closing ar...
- What is the difference between an owner's policy and a lender's policy?An owner's policy insures the buyer for the purchase price. A lender's policy insures the bank for the loan amount. How the two differ on a New Yor...
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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.