The New York Title Bill, Line by Line: Premium, Searches, Endorsements and Closer Fees

A New York title bill mixes charges that look alike but follow different rules. Some have a fixed price by law. Some are set by the title company. Some are taxes the title company collects for the government.

  • The premium and endorsements come from a rate manual filed with the New York State Department of Financial Services (DFS). They can’t be discounted or marked up.
  • Extra service fees, such as municipal searches and recording service charges, are set by the title company. They must be disclosed, but no filed rate fixes them.
  • Taxes and government recording fees pass straight through. The title closer collects them for the government.
  • Closer fees, such as a pick-up fee, follow local custom. They have been largely unregulated since a 2019 court decision.

This guide covers New York City and Westchester County. Both are in Zone 2 of the Title Insurance Rate Service Association (TIRSA) rate manual. For how the premium is calculated, see what title insurance costs in NYC and Westchester.

How each charge is set

Charge Who sets it Same at every company?
Premium Filed TIRSA rate Yes, except approved lower rates
Endorsements Filed TIRSA rate Yes
Extra service fees Title company Varies by company
Taxes, recording fees Law, government Yes, set by law
Closer fees Custom Varies by closer

The premium and endorsements: fixed by filed rates

Title insurers in New York charge from the TIRSA Rate Manual, Seventh Revision, effective October 1, 2024. Its charges can’t be waived, reduced or increased except as New York insurance law allows. The only lawful exception is a lower rate that an underwriter has filed and had approved, called a deviation. It matters mainly for owner’s policies under $1 million.

In Zone 2, the premium already includes the title search and tax search for one tax lot. It also includes one update of each search, called a continuation. Extra tax lots cost more.

An endorsement adds to or changes the policy’s coverage. Each one has its own filed charge. Many common home endorsements cost a flat $50 each. Some cost nothing, and a few are a percentage of the premium. For example:

Endorsement Policy Charge
TIRSA Residential Mortgage (1-4 family) Loan $50
TIRSA Waiver of Arbitration Owner’s or loan $50
TIRSA Environmental Protection Lien Loan $50
TIRSA Condominium Owner’s or loan $50
TIRSA Planned Unit Development Owner’s or loan $50
ALTA 6-06 Variable Rate Mortgage Loan $50
ALTA 9 series (residential) Owner’s or loan $50 each
TIRSA Market Value Endorsement Owner’s 10% of owner’s rate
Standard New York Endorsement Owner’s or loan No charge
TIRSA Cooperative Endorsement Owner’s or loan No charge

The lender usually decides which endorsements go on the loan policy. Its closing instructions list them. On the owner’s policy, endorsements are the buyer’s choice.

An endorsement charge is a filed rate, just like the premium. If a bill shows an endorsement at a different price, ask which part of the manual supports it.

Extra service fees: separate, disclosed, not fixed

The premium doesn’t include extra services, which the manual says may include searches of municipal departments. The manual also allows extra charges when the closing runs over two hours or needs unusual travel.

Common extra service lines in NYC and Westchester:

  • Municipal or department searches. In NYC these check building, fire, street, emergency repair and similar records. They often include violations from the Department of Buildings, OATH/ECB (the city’s hearing office) and HPD (the city’s housing agency). In Westchester they check the local building department and certificate of occupancy records, which vary by municipality. See NYC property violations at closing and Westchester open permits and certificates of occupancy.
  • Name searches. Patriot Act (OFAC) searches, which check names against federal sanctions lists, plus bankruptcy and similar searches on the parties.
  • Survey inspection. This applies to an owner’s policy on residential property without a current survey the company accepts. The manual requires the company to charge for an inspection. The inspection lets the policy drop its exception for changes since the old survey.
  • Recording service charge. The title company’s fee for handling recording, separate from the government fee.
  • Escrow, overnight delivery and administrative fees.

Two rules apply to these fees. Under New York insurance law, a title agent may charge an extra fee only for services the premium doesn’t include. The agent also needs a written memo, signed by the person charged, listing each fee and the total. Under a DFS disclosure rule:

  • insurers must post these fees on their websites
  • agents must post them at their office and online, and give you a written copy
  • the agent must give you a list of actual title costs at or before closing

Because the title company sets these fees, they can differ between companies. They are the part of the bill worth comparing.

Taxes and government fees: passed through

The title closer usually collects these and pays them to the government at recording:

  • mortgage recording tax
  • New York State transfer tax
  • the NYC Real Property Transfer Tax or a Westchester city transfer tax
  • county clerk or City Register recording fees

The title company doesn’t set or keep these amounts. They are often the largest numbers on the bill.

A bill sometimes puts a government recording fee and the company’s own recording charge on one line. You can ask for them to be split.

Closer fees: set by custom

The title closer may charge a pick-up fee for taking the seller’s mortgage payoff checks to the lender after closing. By custom the seller pays it. New York State Bar Association surveys for Brooklyn (Kings County) and Westchester both describe a pick-up fee. The Westchester survey says the closer’s attendance is included in the premium there (see who does what at a New York closing). The rate manual doesn’t set a pick-up fee, so the amount varies by company and closer. The seller’s attorney should ask for it before closing.

Which fee limits still apply

A DFS regulation once capped many extra service fees and closer payments. A 2019 court decision struck down part of it. Where things stand today:

  • Patriot, bankruptcy and most municipal and department search fees are no longer capped. They must still be disclosed.
  • At least some underwriters treat the caps on recording service, survey inspection, escrow and overnight delivery as still in force.
  • The regulation no longer limits closer pick-up fees or direct payments to closers. Another part of the same regulation, which bans giving anything of value to steer title business, still applies.

The details are in the professional section below.

A sample bill (hypothetical)

This is a sample buyer’s title bill for a Zone 2 purchase with a bank loan. The premiums come from Example 1 in what title insurance costs at the TIRSA rate. Search, recording and tax amounts are shown as “Varies” because they depend on the property, the title company and the documents.

Line Amount Category Fixed by
Owner’s policy, $800,000 $3,525 Premium TIRSA rate
Loan policy, $640,000 (simultaneous) $734 Premium TIRSA rate
Residential Mortgage endorsement $50 Endorsement TIRSA rate
Environmental Protection Lien endorsement $50 Endorsement TIRSA rate
ALTA 6-06 Variable Rate (adjustable loan) $50 Endorsement TIRSA rate
Municipal departmental searches Varies Extra service Company
Patriot and bankruptcy searches Varies Extra service Company
Survey inspection Varies Extra service Company
Recording service charge Varies Extra service Company
Deed and mortgage recording fees Varies Pass-through Government
Mortgage recording tax Varies Pass-through Law

On the seller’s side, a separate bill or seller section usually lists the transfer taxes and any pick-up fee for the payoff.

How to review a title bill before closing

  1. Ask for a pro forma bill, an advance itemized bill, several days before closing. It should list every line, not just a total.
  2. Check the premium against an underwriter’s New York rate calculator. Ask which underwriter issues the owner’s policy, since that decides whether a lower rate applies.
  3. Match each endorsement to the lender’s closing instructions or the owner’s request, and confirm its filed charge.
  4. Compare extra service fees with the company’s posted fee schedule, which the DFS disclosure rule requires. Ask what each municipal search covers.
  5. Separate pass-throughs from company charges, especially on recording lines.
  6. Confirm closer charges in advance, including any pick-up fee, so the seller’s attorney can budget for it.

Details for attorneys and title professionals

  • Where the endorsement charges are. The no-charge endorsements, the ALTA 9 series charges, the $50 default for endorsements not otherwise priced and the Market Value Endorsement charge each have their own section of the manual. Official sources lists them.
  • What the old fee caps said. The DFS regulation (fee rule) capped these fees on residential closings: Patriot, bankruptcy and municipal searches at 200% of cost; recording service at $25 per document plus government fees; survey inspection at $75 plus the surveyor’s cost; overnight mail at cost; and escrow at $50. It also required the company, not the applicant, to pay the closer. And it required three days’ notice to the seller of any payoff fee.
  • What the court struck. On January 15, 2019, a New York appeals court, the Appellate Division, First Department (decision), struck the caps on Patriot, bankruptcy and municipal search fees and the closer payment rules. It upheld the rest, including the inducement ban and the rate rules. DFS then said in a circular letter that “the ancillary fee and closer payment restrictions” in the fee rule were annulled. It said insurers and agents need not comply with them.
  • What survived. The court’s order names only those search fee caps and the closer payment rules. The caps on searches billed by a municipality, recording service, survey inspection, overnight mail and escrow were not struck. At least one underwriter told its agents in January 2020 that those caps remain in effect. That underwriter also noted the broader wording of the DFS letter.
  • Regulation numbers are easy to mix up. Each DFS rule in this guide has two numbers: a DFS regulation number and a different number in the state’s official code of rules. A citation that pairs a DFS regulation number with the code’s “Part” or “Section” label is almost always a mix-up. Official sources pairs the correct numbers for the disclosure rule and the fee rule.

Official sources

Korvane Title is preparing to launch in New York. It is not licensed as a title insurance agent and does not accept title orders. Content on this site is general information, not legal advice.