NYC Title Search & Due Diligence Attorney

Title Search & Real Estate Due Diligence in NYC

Clear title is the foundation of every real estate transaction. Before you invest hundreds of thousands or millions of dollars in a New York City property, you need to know with certainty that the seller has the legal right to convey the property, that no outstanding liens, judgments, or other claims will encumber your ownership, and that there are no hidden defects that could surface after closing.

At Agarunov Law Firm, P.C., we conduct thorough title examinations and real estate due diligence for residential, co-op, condo, and commercial transactions throughout New York City. We identify title issues early, work aggressively to resolve them, and ensure that you close with confidence.

Our Title & Due Diligence Services

Title Search & Examination

We coordinate comprehensive title searches through trusted title companies and then conduct our own detailed review of the title report. A standard title search in New York examines the chain of ownership going back at least 40 years, along with all recorded liens, mortgages, judgments, easements, restrictions, and other encumbrances. We verify that the chain of title is clean and continuous, that all prior mortgages have been properly satisfied and discharged, that there are no outstanding tax liens, water charges, or assessments, that any easements or restrictions are identified and acceptable, and that there are no pending legal proceedings affecting the property.

Lien Resolution

Title searches frequently reveal liens or encumbrances that must be addressed before closing. We work to resolve these efficiently, including negotiating payoff amounts and obtaining lien releases from prior mortgage holders, coordinating the satisfaction of tax liens, judgments, and mechanic's liens, obtaining discharges for satisfied mortgages that were never properly recorded, resolving open permits and violations with the NYC Department of Buildings, and clearing up errors in public records such as incorrect legal descriptions or misspelled names.

Title Insurance

Title insurance is a one-time policy purchased at closing that protects against financial loss from defects not discovered during the search. We help our clients obtain appropriate coverage, including owner's policies that protect the buyer's full ownership interest and lender's policies required by mortgage lenders. Premiums in New York are regulated by the state and based on the purchase price.

Survey Review

For properties where a survey is obtained, we review it for potential issues including boundary line encroachments, easements and rights-of-way, building setback violations, discrepancies between the survey and the title report, and any other physical conditions that could affect ownership or intended use.

Municipal Search Review

Beyond the title search, we review municipal searches that reveal important information including open building permits, Department of Buildings violations, Environmental Control Board (ECB) violations, outstanding water and sewer charges, certificate of occupancy status, and zoning classification and compliance. Unresolved violations or permits can result in fines, required remediation work, or restrictions on your use of the property after closing.

Common Title Issues in NYC Real Estate

• Unreleased Mortgages: Prior mortgages that were paid off but never formally discharged in public records
• Tax Liens: Outstanding federal, state, or city tax liens against the property or seller
• Judgment Liens: Court-ordered liens from lawsuits against the property owner
• Mechanic's Liens: Claims filed by contractors or suppliers for unpaid construction work
• Open Permits & Violations: Building work that was never signed off or violations that remain unresolved
• Boundary & Encroachment Issues: Structures or improvements that cross property lines
• Estate & Probate Issues: Unclear chain of title when property passes through estates
• Lis Pendens: Pending legal actions that may affect title to the property

Due Diligence for Different Property Types

Due diligence requirements vary by property type. For residential purchases, the focus is on title, municipal searches, and physical condition. For co-ops, due diligence centers on the building's financial statements, offering plan, and proprietary lease rather than individual unit title. For condos, both individual unit title and the building's offering plan require review. For commercial properties, due diligence expands to include environmental assessments, lease audits, zoning analysis, and detailed financial review.

Serving New York and New Jersey

Agarunov Law Firm is licensed to practice in both New York and New Jersey. In addition to representing clients across all five NYC boroughs and Long Island, we handle real estate transactions in Northern and Central New Jersey including Bergen County (Englewood, Fort Lee, Hackensack, Teaneck, Paramus), Hudson County (Jersey City, Hoboken, Weehawken), Essex County (Newark, Montclair, Livingston), Passaic County (Paterson, Wayne, Clifton), and Middlesex County (New Brunswick, Edison, Woodbridge).

Our dual-state licensing allows us to represent clients in cross-border transactions and provide seamless legal counsel whether your property is in New York, New Jersey, or both.