Jennifer purchased a home in Buffalo, NY with title insurance. Two years later, she discovers that a contractor who worked on the property three years ago filed a mechanic's lien that was not discovered during the original title search. The lien was properly filed but missed due to a clerical error by the title company. What is Jennifer's recourse under New York law?
Correct Answer
A) She can file a claim with her title insurance company for coverage of the mechanic's lien
In New York, if a properly filed mechanic's lien existed at the time of the title insurance policy issuance but was missed during the title search due to the title company's error, this would typically be covered under the title insurance policy. The policy protects against such search errors for covered risks.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
Recording is the act of placing a document in the public records at the county recorder's office to give constructive notice to the world of an interest in real property. Recording protects the holder's interest against subsequent claims.
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
More Property Ownership Transfer Questions
Michael Torres is purchasing a property in Westchester County, NY, that was previously owned by a corporation that has since been dissolved. His attorney recommends title insurance due to potential corporate dissolution issues. What type of title problem is the attorney most concerned about?
Michael owns a condominium unit in Brooklyn and wants to sell it to his nephew for below market value. The condominium board objects to the sale. Under New York condominium law, what authority does the board have regarding this transaction?
In New York, what is the primary difference between an owner's title insurance policy and a lender's title insurance policy?
In New York, what type of property interest does a cooperative apartment represent?
A cooperative corporation in New York has various ongoing responsibilities to its shareholders. All of the following are typical responsibilities of a co-op corporation EXCEPT:
- → David's condominium unit in Albany suffers water damage from a burst pipe in the common area. Under typical New York condominium arrangements, who is responsible for repairs to David's unit interior?
- → Under New York's recording system, what happens when two deeds for the same property are recorded on the same day?
- → Lisa owns a condominium unit and wants to rent it to tenants. The condominium bylaws contain restrictions on rentals. Under New York law, what is the general rule regarding an owner's right to rent their condominium unit?
- → Sarah purchases a condominium unit in Manhattan. As a New York condominium owner, what type of property interest does she hold in the unit itself?
- → Sarah purchased a home in Albany and received her deed on March 15th. She recorded the deed with the county clerk on April 2nd. Under New York recording law, when did Sarah's ownership become effective against third parties?
- → Mark owns a penthouse condominium unit in Manhattan that includes exclusive use of the rooftop terrace. He wants to install a hot tub on the terrace. The terrace is designated as a limited common element in the declaration. What approval does Mark need under New York law?
- → Under New York recording law, all of the following documents must be recorded to provide constructive notice to third parties EXCEPT:
- → Linda is purchasing a resale condominium unit in Yonkers. During the transaction, she discovers the seller owes three months of unpaid common charges. Under New York law, who is typically responsible for these unpaid charges at closing?
- → Jennifer Adams purchased a historic brownstone in Brooklyn, NY, with title insurance. One year later, the city claims a portion of her property for a street widening project that was authorized by a resolution passed two years before her purchase, but not recorded in the public records until after her purchase. The taking reduces her property value by $75,000. What is the most likely outcome regarding her title insurance coverage?
- → Robert is purchasing a condominium unit in Rochester. What type of deed will he receive at closing?
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