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 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
- EndorsementAn add-on that modifies a title policy's coverage for a defined risk. Endorsement charges come from the filed New York rate structure rather than f...
- TIRSAThe rate service organization whose filed manual sets New York title insurance premiums, endorsement charges and the reissue and simultaneous issue...
- SurveyA surveyor's drawing of the parcel, its improvements and any encroachments. Lenders on houses and townhouses generally require a current one or a s...
- 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...
- Schedule AThe part of a title commitment or policy naming the insured, the policy amount, the current owner, the estate insured and the legal description of ...
Questions this raises
- 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...
- 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 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 cla...
Building types
- Standard condoA New York City condominium unit: real property conveyed by deed, recorded in ACRIS, with an undivided interest in the common elements.
- Standard co-opThe ordinary New York City cooperative: you buy shares in a corporation and receive a proprietary lease to occupy a specific apartment.
- New-development condoA first sale from the sponsor of a newly built condominium, governed by an offering plan, often delivered on a temporary certificate of occupancy.
- Mixed-use condo with commercial unitsA condominium holding both residential and commercial units, where the declaration allocates common charges, voting rights and use restrictions bet...
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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.