Brooklyn Housing Lawyer : Transfer of House Title

The deed is the cornerstone document in any title transfer. It must contain the grantor's name (current owner), the grantee's name (new owner), a legal description of the property, and the consideration (purchase price or other value exchanged). New York law requires that deeds be signed by the grantor and, in many cases, notarized. The deed must also be recorded with the Kings County Clerk to create a public record of ownership. Failure to record the deed properly can result in disputes over who legally owns the property.

Several types of deeds are used in Brooklyn property transfers. A warranty deed provides the highest level of protection because the grantor guarantees clear title and will defend against any claims. A quitclaim deed transfers whatever interest the grantor has, but it makes no warranties about title quality. A bargain and sale deed implies that the grantor holds title, but it offers no explicit warranties. Your Brooklyn housing lawyer will recommend the appropriate deed type based on the transaction circumstances and your risk tolerance.

A title search examines public records maintained by the Kings County Clerk and other agencies to identify all documents affecting the property. The search reveals whether there are outstanding mortgages, tax liens, judgment liens, or other encumbrances on the title. In Brooklyn, the search typically goes back several decades to uncover any historical claims. A Brooklyn housing lawyer or title company performs this search and provides a detailed report. If issues are found, they must be cleared before the transfer can proceed smoothly.

Title insurance is a one-time premium that protects against defects in title discovered after the transfer. An owner's policy protects the new owner; a lender's policy protects the mortgage lender. Title insurance covers legal fees and costs if someone later claims an interest in the property. This protection is especially valuable in Brooklyn, where properties have long histories and multiple ownership changes. Your Brooklyn housing lawyer will ensure that title insurance is obtained and that the policy clearly identifies all covered risks.

The Kings County Clerk's Office is responsible for recording all deeds and maintaining the official chain of title. To record a deed in Kings County, it must be submitted with the appropriate filing fee, a cover sheet, and proof of New York State transfer tax payment or exemption. The clerk assigns a recording number and date, which establishes the priority of your ownership claim. Deeds that are not properly recorded do not create a valid transfer of title against third parties. A Brooklyn housing lawyer ensures your deed is properly formatted and submitted to avoid recording delays or rejections.

New York State imposes a transfer tax on most real estate transactions, calculated as a percentage of the sale price. Brooklyn also imposes a local transfer tax in certain circumstances. These taxes must be paid, or a valid exemption must be claimed before the deed can be recorded. Additionally, property transfer in Brooklyn may trigger obligations under affordable housing law or other local regulations, depending on the property type and transaction structure. Your Brooklyn housing lawyer will ensure all tax obligations are met and all compliance requirements are satisfied.

Liens and encumbrances are claims against the property that can affect its value and transferability. A mortgage lien secures a loan; a tax lien secures unpaid property taxes; a judgment lien results from a court judgment. All liens must be satisfied (paid off) before a clean title transfer can occur. If the current owner cannot pay a lien, the new owner may inherit the obligation. Your Brooklyn housing lawyer ensures all liens are identified and either paid off at closing or properly disclosed so you can make an informed decision.

Each defect requires a tailored approach. A Brooklyn housing lawyer evaluates the severity of each issue and determines whether it can be resolved before closing, covered by insurance, or disclosed to the buyer. Proactive resolution prevents disputes after the transfer is complete.

A Brooklyn housing lawyer carefully reviews the purchase agreement, deed, title insurance commitment, and all closing documents. The lawyer identifies ambiguities, unfavorable terms, or missing protections and negotiates on your behalf. For example, the lawyer may clarify what condition the property must be in at closing, who pays for title insurance, or how disputes over title will be resolved. This attention to detail prevents misunderstandings and protects you after the transfer is complete.

The closing is the final step in a title transfer. At closing, all parties sign the deed and other documents, funds are exchanged, and the deed is delivered to the buyer. A Brooklyn housing lawyer represents you at closing, explains each document before you sign, and ensures the transaction proceeds according to plan. The lawyer also confirms that the deed will be promptly recorded with the Kings County Clerk and that you receive proof of recording. This final verification ensures your title transfer is complete and your ownership is legally established.

• Verify all names and property descriptions are correct on the deed
• Confirm that all liens and encumbrances have been satisfied or properly disclosed
• Ensure title insurance is in place and covers all identified risks
• Confirm that transfer taxes have been paid or valid exemptions claimed
• Obtain a recorded copy of the deed from the Kings County Clerk