Legal Question in Real Estate Law in New York

How do you research a property lien?

I am interested in a piece of property - a co-op in Queens, NY. I've heard from several people that there is a lien on the property (it was supposedly used as collateral to bail someone out of jail). He wants to sell and says there is no lien. The person is still out on bail. Can he sell me this apartment if it was used as collateral? How can I check myself to see if there are any liens on the property? Will I be able to just go to the courthouse rather than going through a lawyer? And if so, would I go to the courthouse in Queens where the property is located?

Thank you


Asked on 6/03/03, 11:50 am

2 Answers from Attorneys
Joelle Jensen Angiuli Katkin & Gentile

Re: How do you research a property lien?

From the facts you submitted I can only advise you to use a lawyer. The lawyer will then obtain title insurance for you which will protect you. The title insurance company researches the deed, leins, judgments, bankruptcies, and any other legal claim on the property. If there is any problem or "cloud in title" the lawyer will help the seller clean it up so that the property can be transferred. Also, if the problems can not be cleared up you will be protected and not waste money on a bad deal. Good Luck.

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Answered on 6/03/03, 12:09 pm
Seth Kaufman Seth M. Kaufman

Re: How do you research a property lien?

If you go to contract, your obligation to close should be contingent upon the shares being conveyed free of liens. Title insurance is not typically purchased for coops, but in your casesuch insurance might may be adviseable. In any case, your lawyer will cause a search to be conducted that will reveal any UCCs or other liens. You can go to the county clerk's and register's office (in NYC) to look up liens against the shares and the underlying real estate yourself. Feel free to call me at 212-367-9167 to discuss this in further detail.

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Answered on 6/03/03, 12:24 pm


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