Closing questions

Which ALTA endorsements are common in New York?

ALTA 9, 8.1, 22, 17, plus condominium and survey endorsements: the TIRSA endorsement set that shows up on most New York residential and co-op closings.

Which ALTA endorsements are common in New York?

Quick Answer

New York residential files commonly carry the TIRSA versions of ALTA 9 (restrictions, encroachments, minerals), ALTA 8.1 (environmental protection), ALTA 22 (location), ALTA 17 (access), ALTA 4 for condominium units and ALTA 5 for planned unit developments. Survey endorsements are added when an acceptable survey exists.

New York endorsements are issued on TIRSA forms, so the ALTA number is a shorthand rather than the operative document. When a lender's closing instructions call for an ALTA number, the file gets the corresponding TIRSA endorsement, and the two are not always word for word identical.

The residential core set answers the questions a lender asks about a one to four family or condominium unit: that recorded restrictions have not been violated and no future violation forfeits title, that there is no environmental lien of record, that the improvements sit on the insured land, and that the parcel has legal access to a public street.

Condominium and planned unit development units add their own. A condominium endorsement addresses the declaration, common charges and right of first refusal. A co-op file goes a different route entirely, with UCC search coverage and the recognition agreement rather than a recorded declaration.

Survey coverage depends on whether an acceptable survey exists. Without a current survey the standard survey exception remains, and the choice becomes ordering a new survey, obtaining a survey affidavit and inspection, or accepting the exception. On townhouses and mixed-use buildings that choice is worth raising early with the client.

Ask for the endorsement list in writing before the closing date is set. Some endorsements require underwriting approval, additional documents or a fee, and an endorsement requested at the table is the most common cause of a closing that starts an hour late.

Are ALTA and TIRSA endorsements the same thing?

They correspond but are not identical. New York issues on TIRSA forms filed with the Department of Financial Services, and the TIRSA version of an ALTA endorsement can differ in wording or scope. When closing instructions cite an ALTA number, confirm which TIRSA form will actually be attached to the policy.

Which endorsements does a co-op closing use?

A co-op unit is personal property, so the coverage is built around UCC searches against the shares, the recognition agreement, and the corporation's records rather than a recorded declaration. The endorsement set differs from a condominium file, and lender instructions written for condos often need correcting before closing.

What else should you read before closing?

In the glossary

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