Resources
Title Issues and How They Are Cured
One page per defect: how it is found, how it is cured, what it costs, and who pays.
What is a title issue, and what happens when the search finds one?
Quick Answer
Which title issues stop a closing?
- 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 it.
- 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.
Which title issues move the closing date?
Who pays to clear a title issue?
Ordinarily the seller, because a standard New York contract obligates the seller to convey marketable title, and most defects arose during the seller’s ownership or a predecessor’s. Where the cure will not fit the closing date, the parties commonly agree to a seller-funded escrow with a defined release condition rather than moving the cost to the buyer.
How early do title issues surface?
Most surface five to fifteen days before the scheduled closing, when the searches come back and the exceptions are read. That is exactly when there is the least time to resolve them, which is the argument for ordering searches early rather than on the lender’s schedule.
Where should you go next?
- The NYC closings glossaryEvery term these pages use, defined.
- The NYC closing help centerEvery closing resource on this site in one place.
- Closing questions, answeredAnswer-first pages for what buyers and sellers ask.
- Title and recording issuesHow the firm handles title clearance on a closing.
- NYC building types and how they closeWhat changes legally between a co-op, a condo and a hybrid.
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Legal Disclaimer: These pages are general information about New York practice. They are not legal advice, they do not account for the terms of any particular contract, building or transaction, and reading them does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.