The Department of Financial Services has closed the door to the good old boys’club of title insurance kickbacks. Say goodbye to free meals and beverages, tickets to entertainment events, gifts, golf outings, parties, office supplies and the like. Two new regulations, Regulations 206 and 208, respectively at 11NYCRR35 and 228, have ended the party.

The first step to determine who owns a given parcel of real estate in the State of New York is to visit the County Clerk’s Office and to locate the latest recorded deed on the parcel. Recording of a deed is imperative because we live in a Race-Notice State and, under the Recording Act, priority of ownership is often determined by who records their deed first (i.e., the First in Time / First in Right Rule). The next step, which is of equal importance, is the realization that a deed can be rescinded or voided, and as such, the deed is not the last word on the topic of real estate ownership. As such, these top 5 lawsuits to set aside the deed should be considered in order to determine if the recorded deed is in jeopardy. Only then, should a property be sold.

Read the full article by Andrew Lieb, Esq. published in Dan's Papers here.