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Recording Gap Risk

Recording gap risk is the exposure that arises between closing/funding and successful recording/indexing of the deed/mortgage, during which a competing interest might be recorded or a prior unrecorded interest might surface. The risk is rooted in NY's first-to-record protections for good-faith purchasers and encumbrancers.

Where it applies
New York State
When it comes up
Closing → post-closing
Property types
All deeded transactions

In practice

In NYC, e-recording rejection loops (instant rejection notices) make operational controls around submission quality central to managing gap exposure.

Related terms

Race-noticeconstructive noticee-recording rejectiongap coverage (concept).