1. Which Property Problem Needs Attention First?
A disagreement over a purchase contract is different from a challenge to ownership. The distinction affects the evidence, potential remedy, and court. Start by identifying whose right is disputed and what event triggered the problem.
Separate Contract Duties from Ownership Claims
- Contract: Review contingencies, deadlines, title obligations, and notice terms.
- Ownership: Compare deeds, prior transfers, and any competing recorded interests.
- Possession: Establish whether the occupant is a tenant, co-owner, or another claimant.
For a missed closing deadline or deposit dispute, see SJKP's guidance on NYC real estate closing delays.
Define the Remedy before Taking Action
A misspelled name may be correctable with a new instrument. A deed signed without authority raises a more serious question. Filing another deed does not erase a valid competing interest.
2. Which Records Reveal Ownership and Restrictions?
Public records reveal filed instruments, but they do not always establish who owns the property. Under New York Real Property Law § 291, a later buyer who pays value, acts in good faith, and records first may prevail over an earlier unrecorded conveyance. Recording does not validate forgery.
Check What Each Document Actually Shows
| Document | Key Question |
|---|---|
| Deed and title report | Is the ownership chain consistent? |
| Mortgage and satisfaction | Has the recorded lien been discharged? |
| Survey and easement | Do boundaries or access rights conflict? |
| Lease and notices | Who has the right to occupy? |
Deed and title report
- Key QuestionIs the ownership chain consistent?
Mortgage and satisfaction
- Key QuestionHas the recorded lien been discharged?
Survey and easement
- Key QuestionDo boundaries or access rights conflict?
Lease and notices
- Key QuestionWho has the right to occupy?
SJKP's land title recording page explains further issues involving recorded interests and title defects.
Use the Correct Records for the Property Type
ACRIS covers Manhattan, Brooklyn, Queens, and the Bronx, with online documents generally dating to 1966. Staten Island uses the Richmond County Clerk. Co-op ownership generally involves corporate shares and a proprietary lease, not a deed to the apartment. Check the stock certificate and building records.
3. What If a Title, Mortgage, or Possession Dispute Exists?
An unfamiliar deed, an old mortgage, and an occupant refusing to leave call for different responses. Look at the underlying documents first. A notice from a lender or court may require action before a records dispute is resolved.
Resolve Competing Claims and Unreleased Liens
- Competing ownership: RPAPL Article 15 permits qualifying parties to seek a determination of adverse real-property claims.
- Paid mortgage: Compare payoff proof with the public record. Under RPAPL § 1921, a mortgagee generally must arrange a satisfaction within 30 days after full payment, subject to statutory conditions.
- Foreclosure: RPAPL § 1304 generally requires a 90-day pre-action notice for covered home loans, subject to its conditions and exceptions.
Distinguish Tenancy from Ownership
A sale generally does not erase an existing tenant's rights. Housing Court handles residential nonpayment and holdover cases; disputes between co-owners over title usually belong elsewhere. Owners must use lawful eviction procedures rather than changing locks or removing belongings.
4. Where Does a Residential Property Claim Go?
The office holding a deed cannot decide whether it was forged or who has superior title. That may require a court ruling. Identify the relief requested before choosing a filing office or court.
Match the Issue to the Procedure
| Issue | Potential Route |
|---|---|
| Competing title claims | New York Supreme Court; assess RPAPL Article 15 |
| Residential rent or holdover | NYC Housing Court; applicable summary proceeding |
| Recorded error or missing discharge | Request correction or satisfaction; evaluate court relief if unresolved |
Competing title claims
- Potential RouteNew York Supreme Court; assess RPAPL Article 15
Residential rent or holdover
- Potential RouteNYC Housing Court; applicable summary proceeding
Recorded error or missing discharge
- Potential RouteRequest correction or satisfaction; evaluate court relief if unresolved
Check Notices, Service, and Filing Rules
No single deadline applies to every property dispute. Read the dates in notices and summonses before responding. NYSCEF filing requirements depend on the court and case type. SJKP's real estate litigation resource discusses civil claims and remedies.
5. What Should a Residential Property Case Review Cover?
An NYC residential real estate case review should start with one question: What needs to be corrected, enforced, or decided? Legal services may range from examining records and seeking a discharge to negotiating or filing a claim.
Prepare the Records That Explain the Problem
- Signed agreements, amendments, deeds, and title reports.
- Mortgage payoff records, surveys, and relevant co-op documents.
- Notices, correspondence, court papers, and a dated timeline.
Include the borough and block-and-lot details where available. Preserve original documents and complete communications.
Compare the Available Next Steps
If everyone agrees on the facts, a corrected filing may resolve the issue. If the parties disagree about ownership or possession, ask what negotiation or litigation would involve. Clarify whether the quoted fee covers review alone or later representation.
6. Frequently Asked Questions
How much does a residential real estate lawyer cost in NYC?
Fees depend on the documents, dispute complexity, and scope of representation. Some defined tasks may have a flat fee; contested litigation may involve hourly billing. Request written fee terms and ask about additional expenses.
Can title insurance help after closing?
Possibly. Coverage depends on policy terms, exclusions, and when the defect arose. Follow the insurer's notice procedures and retain the policy and disputed documents.
Can a pending property lawsuit affect a home sale?
Yes. A qualifying notice of pendency under CPLR § 6501 may affect title and financing while a case proceeds. Not every lawsuit involving a property qualifies for such a notice.
What if an unfamiliar deed appears under my address?
Obtain the instrument, confirm its block-and-lot details, and keep the transfer notice. New York Real Property Law § 291 provides for notice to the owner of record when a residential conveyance is recorded. A suspicious deed warrants prompt investigation.
7. Review Your Property Documents with SJKP
SJKP's attorneys can compare the documents with the applicable law and discuss correction, negotiation, or court proceedings. When contacting the firm, provide the recorded instrument, relevant agreement, and any notice with a response date. The next step depends on the evidence and requested relief.
09 Nov, 2026
