Researching And Resolving Title Issues In New York
Before buying or selling real estate, it is vital that you understand and resolve all issues with title. Title issues, however, can be confusing to those who do not regularly handle real estate issues. For this reason, it is important that you work with an experienced attorney in this area who can perform the necessary research, protect your investment and help you resolve any title issues that arise.
For more than 60 years, Futterman, Sirotkin & Seinfeld, LLP, has helped clients with real estate and title issues. With offices in Kew Gardens, Woodbury and New York City, we have the local knowledge, experience and skills to resolve any title issue that may arise during your transaction or in litigation.
Common Title Issues
While there are a variety of issues that can arise in the public record that impact title, some common issues include:
- Unclear divorce decrees: During a divorce, the title to a home or piece of investment property may be impacted. If the proper paperwork is not filed to show the transfer of ownership during a divorce, the former spouse may have a claim to the property that will need to be resolved.
- Wills and beneficiaries: Similar to the documentation needed after a divorce, the proper paperwork must be filed to show the transfer of ownership after the owner passes away. If missing beneficiaries have not quit their claim to the property, steps may need to be taken to clear the title.
- Filing and clerical errors: If the public records do not show a clear chain of title passing from one owner to the next, a filing error may need to be resolved to clear the title. Additionally, a simple typographical error or change in description could lead to issues with the title.
- Boundary disputes: Deeds include very precise descriptions of the boundaries for a piece of property. Over time, however, boundaries may become disputed as neighbors make verbal agreements or cross boundaries onto others’ land.
What Is Title Insurance?
Title insurance provides protection for property owners and will provide benefits if unknown title issues arise. In order to obtain title insurance, however, a full review of the record will need to be provided to the insurer.
An experienced real estate lawyer can help eliminate problems or solve those that arise with title during your real estate transaction. We can also assist in resolving title issues and “quieting title” so that you can obtain title insurance when purchasing a home or other property. Titles and public records can be cumbersome and confusing. Let us take care of the legwork.