Title Defect
A title defect is any issue in the public record or legal history of the property that can impair marketability or insurability (for example, unreleased liens, conflicting deeds, or improper execution/acknowledgment). Many defect types are tied to recordable instruments that fall within NY's broad "conveyance" definition and recording statute priority logic.
- Where it applies
- New York State
- When it comes up
- Diligence; closing clearance
- Property types
- All deeded real property
Read more in the Knowledge Base
- Crisis Management - Legal and Operational Responses to Transaction FailureBuyers
- Boundary Lines, Surveys, and Title Defects in New York Residential PurchasesBuyers
- Seller-Side Title Curative Actions - Clearing Liens, Judgments, and EncumbrancesSellers
- Title and Lien Risk MitigationSellers
- Seller Default, Transaction Breakdown, and Crisis Management in NYC Residential DealsBuyers
Risk and Liability Terminology
- Closing Protection Letter (CPL)
- Closing Wire Fraud / Business Email Compromise (BEC)
- Deed Fraud
- Directors and Officers (D&O) Insurance
- Errors & Omissions (E&O) Insurance
- Force Majeure
- Indemnification
- Limitation of Liability
- Liquidated Damages
- Notice of Recorded Document (NRD) Monitoring
General information, not legal, tax or financial advice.