Common Title Issues That Delay New York Closings — And How Attorneys Resolve Them

Buying or selling a home in New York can be exciting, but it’s rarely simple. One of the biggest sources of stress for buyers and sellers is discovering a problem with the property’s title. Title represents the legal ownership of a home, and if it isn’t clear, the deal can stall or even collapse. The good news is that with the right attorney and title company on your side, these problems don’t have to stand in the way of closing.

Why Title Matters in a Real Estate Closing

Before a closing takes place, a title search is performed to confirm that the seller has the legal right to transfer ownership. This process uncovers any claims, restrictions, or errors tied to the property. If something turns up, it has to be resolved before the buyer can receive clear title — and before the bank will release funds for the mortgage.

At Taub & Bogaty, PLLC, we work hand in hand with CTC Title Agency to identify issues early and solve them efficiently. Learn more about our Real Estate Transactions services. This partnership allows us to protect clients, simplify transactions, and reduce surprises at the closing table.

Common Title Issues That Delay Closings

1. Liens on the Property

A lien is a legal claim placed on a property for unpaid debts, such as contractor bills, child support, or credit card judgments. These must be cleared before the property can legally transfer to a new owner.

How it’s resolved: Attorneys negotiate with creditors and arrange for liens to be satisfied from the seller’s proceeds at closing.

2. Unpaid Property Taxes

Unpaid property taxes attach to the home itself, not just the seller. A buyer who closes without resolving them inherits the debt.

How it’s resolved: Attorneys confirm the amount due and coordinate payment at or before closing so the buyer receives clear title.

3. Boundary and Survey Disputes

Neighbors sometimes disagree over where one property ends and another begins. A misplaced fence or driveway can spark disputes that hold up closing.

How it’s resolved: Attorneys review surveys, commission new ones if necessary, and negotiate agreements to settle disputes.

4. Unknown Heirs or Estate Issues

If a home was inherited, distant relatives or heirs may appear claiming ownership rights. These challenges must be cleared up before a sale.

How it’s resolved: Attorneys confirm that estate proceedings were handled correctly and obtain affidavits or court orders to resolve outstanding claims.

5. Errors in Public Records

Clerical mistakes like misspelled names or inaccurate property descriptions can cloud title and prevent transfer.

How it’s resolved: Attorneys prepare and file corrective documents with the county clerk to fix the errors.

6. Undisclosed Easements or Restrictions

Easements grant others the right to use part of a property, such as utility companies. While common, undisclosed easements can surprise buyers and impact property use.

How it’s resolved: Attorneys explain the effect of the easement, negotiate adjustments if possible, and ensure buyers understand their rights.

How Attorneys and Title Agencies Protect Clients

A title report alone won’t solve problems — it just identifies them. Buyers and sellers need advocates who can take action. At Taub & Bogaty, PLLC, we don’t just explain what’s wrong; we resolve it. By working closely with CTC Title Agency, we deliver a combination of legal protection and thorough title work that keeps transactions on track and minimizes stress for our clients.

Real-World Example

Imagine you’re purchasing a home in Hauppauge, and during the title search a lien surfaces from a contractor who claims unpaid renovation costs. Without clearing the lien, your lender won’t approve the mortgage. With attorney support, negotiations are made to satisfy the contractor from the seller’s proceeds. By closing day, the lien is released, the mortgage clears, and you take ownership with confidence.

FAQ

1. How long does a title search take in New York?

Most searches take one to two weeks. Complicated cases with liens, estate issues, or boundary disputes may take longer to resolve.

2. Can I buy a home if there’s a lien on the title?

Not until the lien is cleared. Your attorney will make sure it’s satisfied so you don’t inherit someone else’s debt.

3. Do I need both a title company and an attorney?

Yes. The title company uncovers issues through research, while your attorney resolves them and protects your legal rights throughout the transaction.

Moving Forward with Confidence

Hidden title issues don’t have to derail your plans. At Taub & Bogaty, PLLC, together with CTC Title Agency, we help buyers and sellers resolve problems efficiently and close with peace of mind.

Contact us today at (516) 531-2500 or schedule a free consultation to safeguard your investment and move forward with confidence.