1. Confirm the Scope before Sending Documents
An initial conversation may identify the issue and whether the lawyer can accept the matter. Contract analysis, written advice, negotiations, and court representation may require a separate agreement. Sending documents does not, by itself, confirm that someone will review them or act on your behalf.
Ask What the Meeting Covers
Confirm the consultation’s length, who will conduct it, and whether advance document review is included. Explain your role, property type, immediate concern, and desired outcome. Provide the parties’ names for a conflict check before sending sensitive records through the office’s designated intake process.
Clarify Fees for Further Work
Ask whether additional work carries a flat fee or hourly charges. A closing fee may exclude litigation, unusual title problems, or extended negotiations. Confirm which tasks and expenses the quoted fee covers, including filing fees and title charges.
2. Match Your Property Problem to the Right Records
Different records answer different legal questions. A contract establishes promised performance, a deed documents a transfer, loan records address debt and security, and occupancy documents explain possession. Gather complete versions, including amendments, rather than selected pages.
| Concern | Records to gather | Question to resolve |
|---|---|---|
| Sale or purchase | Contract, riders, deposit records | What must each party do, and by when? |
| Ownership or boundaries | Deed, title report, survey | Which interests or restrictions affect the property? |
| Mortgage or lien | Note, mortgage, payment and release records | What remains owed or secured? |
| Occupancy | Lease, notices, court papers | What authorizes possession, and has a case begun? |
Sale or purchase
- Records to gatherContract, riders, deposit records
- Question to resolveWhat must each party do, and by when?
Ownership or boundaries
- Records to gatherDeed, title report, survey
- Question to resolveWhich interests or restrictions affect the property?
Mortgage or lien
- Records to gatherNote, mortgage, payment and release records
- Question to resolveWhat remains owed or secured?
Occupancy
- Records to gatherLease, notices, court papers
- Question to resolveWhat authorizes possession, and has a case begun?
Contracts Define Transaction Options
Financing conditions, inspection rights, title objections, and deposit provisions help determine available responses to a problem. A defect does not automatically create a cancellation right. A focused real estate transaction review connects the concern to the signed agreement and its deadlines.
Recorded Documents Do Not Answer Every Title Question
ACRIS provides recorded property documents for Manhattan, Brooklyn, Queens, and the Bronx, generally from 1966 onward. Staten Island land records use the Richmond County Clerk’s system. A deed alone does not establish clear title. Surveys address boundaries and encroachments, while title insurance coverage depends on policy terms and exceptions.
Co-Op Ownership Requires Different Records
A co-op purchaser generally acquires corporate shares and a proprietary lease rather than a deed to an individual apartment. Bring the stock certificate, proprietary lease, bylaws, and relevant financing or board documents. Real-property mortgage foreclosure procedures do not necessarily govern enforcement against co-op shares.
3. Separate Transaction Review from Dispute Response
Before a commitment or closing, the question is which terms or unresolved conditions need attention. After a dispute begins, the review shifts to alleged breaches, evidence, notices, and remedies. New York law and the parties’ agreement determine which responses remain available.
Before Closing, Identify Unresolved Conditions
An outstanding mortgage may require a payoff and release arrangement. Existing occupants may affect promised possession. For covered consumer mortgages, federal rules generally require receipt of the Closing Disclosure at least three business days before loan consummation. That period is not a general right to cancel the purchase contract.
After a Dispute Begins, Preserve Context
Keep agreements, complete message threads, payment evidence, notices, and delivery records. Include unfavorable information and missed deadlines. A real estate litigation assessment may consider negotiation, mediation, damages, or court orders. Ownership alone does not authorize removing an occupant without the required legal process.
4. Identify the Correct NYC Help and Filing Route
Private consultations, free legal assistance, property recording, and court filings serve different purposes. Your role, claim, and requested relief determine the appropriate route. Applying for assistance does not itself extend contractual or court deadlines.
Distinguish Homeowner and Tenant Assistance
New York’s Homeowner Protection Program connects homeowners with free foreclosure-related counseling and legal services. NYC’s Right-to-Counsel program provides representation or advice to tenants facing covered eviction or NYCHA proceedings, subject to applicable eligibility rules. Tenants can contact 311’s Tenant Helpline or request assistance at their first Housing Court appearance.
Confirm the Court and Submission Method
Real-property mortgage foreclosure actions proceed in New York State Supreme Court. NYC Housing Court handles residential landlord-tenant disputes; commercial landlord-tenant proceedings use Civil Court. Check the county, case number, court instructions, and applicable NYSCEF requirements before filing. Recording a document in ACRIS does not submit a court response.
Separate Foreclosure Notices from Response Deadlines
For covered home loans, RPAPL §1304 generally requires at least 90 days’ notice before foreclosure begins. After service of a summons and complaint, an answer is generally due within 20 days after personal delivery or 30 days after service is complete under specified alternative methods. Under CPLR §3408, qualifying defendants who missed that deadline may answer within 30 days after their initial settlement-conference appearance. A foreclosure defense review should check which rule applies.
27 Oct, 2026
