What Records Should You Check in a Greenpoint Real Estate Dispute?

Compare the seller's name, legal description, prior deeds, and recorded easements with the agreement. Differences may require supporting documents.

Under Real Property Law § 291, an unrecorded conveyance may lose priority to a qualifying later good-faith purchaser for value whose conveyance is first duly recorded. Recording does not make an otherwise invalid instrument valid. Review the chain of title before relying on a land title recording entry as proof of ownership.

Compare recorded mortgages, assignments, payoff statements, and satisfactions. A paid mortgage may still appear in public records until its discharge is properly recorded. Payoff statements and recorded satisfactions serve different purposes; other liens may require separate releases.

A title search may reveal other property liens. Confirm the claimant, amount, and status rather than assuming a recorded lien remains enforceable.

A survey may identify fences, structures, and encroachments. Compare its measurements with the deed's description and recorded easements. A survey does not transfer ownership or extinguish easements. Discrepancies may concern measurements, legal descriptions, or claimed use rights.

A deed does not automatically terminate a tenant's rights. Review leases, termination notices, and promises of vacant possession as separate property possession issues.

DOB records identify permits, violations, and approved occupancy. HPD records may show residential registration, complaints, or housing violations. These records address building compliance, not legal title. Violations may require separate administrative correction.

The parties may need a recorded satisfaction, corrective deed, easement clarification, or written closing extension. Identify who must resolve the defect and whether the agreement provides a notice or cure period. A missed closing date does not automatically establish default, particularly when time-of-the-essence requirements have not been satisfied.

Keep written objections and responses documenting the requested correction and opportunity to perform.

A contract breach may support damages or, where equitable requirements are met, specific performance. Under RPAPL § 1501, a qualifying person claiming an estate or interest in real property may seek a determination of an adverse claim. A possession dispute may require a different proceeding.

A contractual payment dispute does not necessarily require a title determination. Preserve evidence of attempted performance and competing claims.

CPLR § 213(2) generally provides six years for an action on a contractual obligation, subject to exceptions. For an ordinary breach-of-contract claim, the period generally begins when the breach occurs. Contractual notice and cure periods may be shorter. Title and possession disputes can involve different limitations periods.

After commencement, CPLR § 306-b generally requires service within 120 days, subject to exceptions and possible court extensions. Filing and service are separate steps.

ACRIS provides recorded deeds, mortgages, and related instruments for Brooklyn properties from 1966 to the present. Older documents require a separate search through the Land Records Research Library. Review the recorded instrument rather than relying solely on indexed information.

DOB NOW and BIS provide permit, occupancy, and violation records. HPD Online provides residential registration and housing information. These systems can identify discrepancies but cannot replace a title examination or resolve private ownership claims.

Under CPLR § 507, an action seeking a judgment affecting title, possession, use, or enjoyment of real property generally must be tried in the county where the property is located. This concerns venue, not subject-matter jurisdiction.

Kings County Supreme Court, Civil Term, at 360 Adams Street handles qualifying title and civil actions. Landlord-tenant proceedings within Housing Court jurisdiction ordinarily proceed at 141 Livingston Street.

Under CPLR § 304, an ordinary civil action begins by filing a summons and complaint or summons with notice. NYSCEF requirements depend on the case and court rules. Landlord-tenant proceedings have separate filing and service rules. The requested relief determines the appropriate real estate litigation procedure.