Kiritsis & Associates
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
In modern times, certificates of title are rarely used in most jurisdictions. Basically, they are a written opinion (often by an attorney) stating the property’s status of title. In real estate transactions, a certificate of title is not a guarantee of a free and clear title, because of one or more of the following 3 reasons: (1) unrecorded activity like missing liens and/or encumbrances; (2) incorrected recorded activity (i.e. wrong property description) and (3) unknown fraudulent activity (i.e. equity stripping). In this author’s opinion, technology seems to have failed to make deed delivery faster, quicker or better; rather technology seems to have made it easier to calculate the weighted risks between paying out insurance claims and their costs of insuring them. Going deeper into the 3 reasons that a certificate of title does NOT guarantee a free and clear title, is as follows: 1) The title examiner is highly unlikely to discover something that was not recorded. 2) A recorded document may be repeating the mistake of a previously recorded document, and 3) A competent and experienced criminal, will always try to get away with breaking the law, and many times he/she will be able to get away with it.
Law Offices of Kiritsis & Associates
Phone # 212 922 0005
Manhattan Office (Main Office):
633 Third Avenue
New York, NY 10017
Brooklyn Office (By Appointment Only):
1023 74th Street
Brooklyn, NY 11228
New Jersey Office:
7309 Ventnor Avenue
Ventnor, NJ 08406
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