1. Compare the Contract with the Recorded Property Records
A purchase agreement states what the parties agreed to transfer. Public records show deeds, mortgages, and other recorded interests that may affect that transfer.
Check the Deed and Recorded Chain
For property in Brooklyn, the New York City Department of Finance Office of the City Register maintains recorded documents through ACRIS. Online records include deeds, mortgages, satisfactions, and other instruments dating from 1966 to the present. Real Property Law § 291 makes recording important when competing conveyances arise. An unrecorded conveyance can be ineffective against a later purchaser who acquires the same property in good faith for value and records first, subject to the statute's requirements.
Review the parties' names, legal description, recording dates, prior deeds, and other instruments affecting the parcel. ACRIS is useful for locating public records, but it is not necessarily a complete land title recording and title analysis.
Review Mortgages and Other Encumbrances
A mortgage, satisfaction, lien, or other recorded encumbrance should be matched to the correct property and parties. A paid loan may still create a recording issue if the mortgage has not been discharged of record. Also check the purchase agreement for title-objection, cure, and closing provisions. An unreleased mortgage may overlap with release of mortgage.
2. Compare the Legal Records with the Physical Property
Recorded documents cannot show every condition on the ground. A survey, lease, access agreement, occupancy record, or notice may reveal an issue that is not apparent from the deed history.
Separate Boundary Conditions from Ownership Claims
A survey may show a fence, wall, driveway, garage, or other improvement crossing a stated property line. That physical condition does not by itself establish who owns the disputed area. Compare the survey with the deed description, earlier surveys, recorded easements, and agreements affecting the parcel. A competing legal interest may require more than a survey correction.
Determine the Basis for Possession
Record ownership and present possession are different issues. A tenant, licensee, former owner, or another occupant may remain in possession while someone else holds record title. Review leases, occupancy agreements, termination notices, payment history, and correspondence before treating an occupancy problem as a title defect. Tenancy disputes can follow a different procedure from ownership disputes.
3. Determine Whether a Pre-Closing Problem Can Be Corrected
Missing or inconsistent documents may sometimes be corrected before title transfers. The contract and the nature of the defect determine the available response.
Read the Contract Provision Connected to the Defect
A missing mortgage satisfaction, inconsistent name, document gap, or title objection may be capable of correction before closing. Whether the seller must cure the problem or closing may be delayed depends on the agreement and the defect. New York does not impose one universal statutory cure period for every real estate defect. Review the contract's notice, objection, cure, default, and closing provisions instead.
Pre-closing performance questions may also fall within real estate transactions.
Treat a Competing Property Claim Separately
Another person's claim to ownership, possession, an easement, or another property interest changes the analysis. Under RPAPL § 1501, a person claiming an estate or interest in real property may, when the statutory requirements are satisfied, bring an action to determine an adverse claim. Not every title objection requires an Article 15 action.
4. Match an Existing Dispute to the Correct Procedure
Once legal rights are contested, the type of claim determines the forum and procedure. Contract claims, ownership actions, foreclosure matters, and landlord-tenant proceedings are not interchangeable. Ordinary disputes involving deeds, recording, property contracts, and possession generally turn on New York law and applicable NYC procedures. Bankruptcy, federal tax liens, or federal housing claims can introduce separate federal rules.
Property Claims Follow Real Property Venue Rules
Under CPLR § 507, an action in which the requested judgment would affect title to, possession, use, or enjoyment of real property generally must be tried in a county where the property is situated. For property in Red Hook, that means Kings County. Venue does not by itself determine the claim or court procedure. An RPAPL Article 15 adverse-claim action differs from a contract claim seeking money damages.
Residential Possession Disputes Use Housing Court Procedures
New York City Housing Court hears residential landlord-tenant disputes, including summary nonpayment and holdover proceedings. Residential proceedings involving property in Brooklyn are handled through the Kings County branch. A tenancy-based possession dispute should not be treated as an ownership action. A genuine dispute over title or another property interest may instead overlap with real estate litigation.
5. Frequently Asked Questions
Can Title Insurance Cover a Property Problem Found After Closing?
Possibly. Coverage depends on the title policy, the insured risk, exclusions and exceptions, and the circumstances of the claim. A property defect does not by itself establish that the title insurer must provide coverage or pay the claimed loss.
Can an Error in a Deed Be Corrected After Closing?
Sometimes. The answer depends on the type of error. A clerical or drafting mistake is different from a dispute about who intended to transfer or receive the property. Review the recorded deed, prior conveyances, and closing documents before deciding whether a corrective instrument is sufficient. A disagreement over ownership or transfer validity may require a different remedy.
6. What Should You Prepare for a Real Estate Attorney Review?
A useful review starts with the records tied to the actual problem rather than every document associated with the property. Collect the purchase agreement, deed, title materials, mortgage and lien records, survey, leases or occupancy agreements, notices, and relevant correspondence. If a transaction is pending, also identify the scheduled closing date and contractual dates for title objections, notices, cure, financing, or other required action.
The records should show whether the issue involves a correctable defect, competing property interest, possession problem, or formal legal dispute. For an existing dispute, include prior notices and court papers so the applicable claim, forum, and response deadline can be reviewed.
27 Oct, 2026
