Title Insurance Endorsements in New York: What Each One Does and What It Costs

An endorsement is a short add-on to a title policy that adds, removes or changes coverage. In New York, every endorsement an insurer may issue, and its price, is set by the Title Insurance Rate Service Association (TIRSA) rate manual, Seventh Revision, in effect since October 1, 2024 (manual).

The Standard New York Endorsements for owner’s and loan policies are free, as are a few others such as the Cooperative endorsements. Most home endorsements cost $50 each. A handful, such as market value, zoning and revolving credit, are priced as a percentage of the premium.

The same endorsements and charges apply statewide, including New York City and Westchester; only the base premium varies by area (see what title insurance costs). The tables below give each charge and its manual section.

How endorsements are priced and chosen

An insurer cannot waive, lower or raise an endorsement price except as state insurance law allows. Extra coverage can only be added through an approved endorsement, not written informally into Schedule B, the policy’s list of exceptions (problems it does not cover). The manual lists 83 approved endorsements.

Many endorsements are priced differently for homes and for commercial property:

  • Residential property means land with a one- to four-family home, a condo unit or a co-op apartment used as a home. Vacant land does not count.
  • Commercial property is everything else, including vacant land.

A set list of endorsements is free. “Special risk” endorsements and some others have their own prices. “Any other Endorsement” not on those lists is $50.

Who chooses and pays. The lender’s closing instructions list the endorsements it needs on the loan policy, and by New York custom the borrower pays for them. Owner’s policy endorsements are the buyer’s choice. Many forms, including the ALTA 9, 28, 35 and 36 series, ALTA 27-06 and TIRSA 3-06 Zoning, carry the manual’s note that the state insurance regulator, the Department of Financial Services (DFS), “Requires Title Insurer Approval Prior to Issuance.”

The Standard New York Endorsement

The Standard New York Endorsement adapts the national 2021 American Land Title Association (ALTA) policies to New York. There is one for owner’s and one for loan policies. Both are free and come with the policy: the approved forms are the ALTA policies “with Standard New York Endorsement.”

Owner’s policy. The endorsement covers a mechanic’s lien (a contractor’s or supplier’s lien under New York’s Lien Law) for work or materials provided before closing, even if filed after closing. It also rewrites a tax exclusion: the policy does not cover real estate taxes, assessments, water charges or sewer charges that become liens between the policy date and the recording of your deed.

Loan policy. The endorsement covers the lender’s mortgage ranking ahead of two kinds of claims, for each loan advance:

  • Mechanic’s liens for work contracted for or started by the policy date, or paid for with loan money afterward
  • Assessments for street improvements

It also excludes taxes, assessments, water charges and sewer charges that become liens between the policy date and the recording of the mortgage. And it excludes claims under any consumer protection law, including New York’s high-cost and subprime home loan laws, on a mortgage on one- to four-family property.

When the endorsement and the policy disagree. Both forms say the endorsement controls. The older version, written for the 2006 ALTA owner’s policy, covered “any statutory lien for services, labor or materials furnished” before the policy date. In a 2011 Brooklyn trial court decision, that wording made the policy cover a New York City emergency repair lien for work done before closing, despite an exception in Schedule B. The current owner’s form covers only liens under the Lien Law’s mechanic’s lien article. A lien created by another law, such as an emergency repair lien, falls outside it. The policy explained guide covers the rest of the policy.

Residential owner’s policy endorsements

Endorsement Policy What it adds
Standard New York (Owner’s) Owner’s Mechanic’s liens for work done before closing
TIRSA Market Value Owner’s Coverage based on the property’s value when a loss happens
TIRSA Cooperative (Owner’s) Owner’s The co-op is validly formed and owns the building; unpaid charges
TIRSA Condominium Owner’s or loan The condo is properly set up; the unit is its own tax lot
TIRSA Planned Unit Development Owner’s or loan Violations of the development’s covenants
ALTA 9.1-06, 9.2-06, 9.9-06 Owner’s Covenants and private rights recorded against the land
ALTA 25-06, 25.1-06 Owner’s or loan The land is the same as shown on the survey
TIRSA Access Owner’s or loan The land borders an open street
TIRSA Increase in Amount Owner’s Raises the amount of coverage later
TIRSA Waiver of Arbitration Owner’s or loan Removes the arbitration clause
TIRSA Manufactured Housing Unit Owner’s or loan Treats a manufactured home as part of the land

Charge and TIRSA Rate Manual section for each:

Endorsement Section Charge
Standard New York (Owner’s) 33(A) No charge
TIRSA Market Value 33(D)(7) 10% of owner’s rate
TIRSA Cooperative (Owner’s) 33(A) No charge
TIRSA Condominium 33(G) $50
TIRSA Planned Unit Development 33(G) $50
ALTA 9.1-06, 9.2-06, 9.9-06 30 $50 each
ALTA 25-06, 25.1-06 33(G) $50
TIRSA Access 33(G) $50
TIRSA Increase in Amount 5(C) Owner’s rate on increase
TIRSA Waiver of Arbitration 33(G) $50
TIRSA Manufactured Housing Unit 33(G) $50

Market value. New York law requires insurers to offer this coverage on owner-occupied homes of up to four units (Insurance Law). Who qualifies and how it works are in the market value endorsement guide.

Cooperative. The owner’s version attaches to a co-op buyer’s owner’s policy. It insures that the co-op corporation was validly formed and owns the property, and covers unpaid maintenance charges and rights of first refusal (a right to buy before an outsider). See buying a co-op.

Condominium. One form serves both policies. On an owner’s policy it covers:

  • A condo that was not properly set up
  • Current violations of use restrictions
  • A unit that is not taxed separately
  • Being forced to remove something that crosses a boundary (an encroachment)
  • A right of first refusal

One title insurer’s 2024 endorsement manual requires a separately taxed unit and written board confirmation that common charges are paid before it issues this endorsement.

ALTA 9 series. These cover covenants (recorded rules on how the land is used) and private rights. An owner’s policy can carry only one of ALTA 9.1-06, 9.2-06 or 9.8-06, plus 9.9-06, and each needs the insurer’s approval.

Survey and access. The ALTA 25 forms replaced TIRSA’s older Land Same as Survey Endorsement; see the survey exception guide. The Access Endorsement insures that the land borders “a physically open public street” named in the form. The same insurer manual requires a survey and a street report, and will not insure access that rests only on long, continuous use of someone else’s land.

Waiver of arbitration. This form deletes the arbitration clause from the owner’s policy, the loan policy or the Owner’s Extended Protection Policy. As printed in the manual’s policy forms, that clause lets either side choose binding arbitration when the policy amount is $2,000,000 or less. Above that, both sides must agree. For how claims are resolved, see the claim process guide.

Residential loan policy endorsements

Endorsement Policy What it adds
Standard New York (Loan) Loan Ranking ahead of mechanic’s liens; rewrites the tax exclusion
TIRSA Residential Mortgage (1-4 Family) Loan Easements and covenants
TIRSA Environmental Protection Lien Loan Ranking ahead of environmental protection liens
TIRSA Condominium Loan Ranking ahead of unpaid common charges
TIRSA Planned Unit Development Loan Covenant violations
TIRSA Cooperative (Loan) Loan The co-op is validly formed
ALTA 6-06 Variable Rate Loan Changes in the interest rate
ALTA 6.2-06 Negative Amortization Loan Unpaid interest added to the loan balance
ALTA 9.3-06, 9.6-06, 9.6.1-06 Loan Covenants and private rights
TIRSA Mortgage Tax Loan The correct mortgage tax was paid
TIRSA Residential Revolving Credit Loan Advances on a credit line
TIRSA Reverse Mortgage Loan Reverse mortgage loans made under New York’s reverse mortgage laws
Modification policy or endorsement Loan The mortgage as changed

Charge and TIRSA Rate Manual section for each:

Endorsement Section Charge
Standard New York (Loan) 33(A) No charge
TIRSA Residential Mortgage (1-4 Family) 33(G) $50
TIRSA Environmental Protection Lien 33(G) $50
TIRSA Condominium 33(G) $50
TIRSA Planned Unit Development 33(G) $50
TIRSA Cooperative (Loan) 33(A) No charge
ALTA 6-06 Variable Rate 33(G) $50
ALTA 6.2-06 Negative Amortization 33(G) $50
ALTA 9.3-06, 9.6-06, 9.6.1-06 30 $50 each
TIRSA Mortgage Tax 33(G) $50
TIRSA Residential Revolving Credit 33(D)(14)(a) 10% of loan rate
TIRSA Reverse Mortgage 33(A) No charge
Modification policy or endorsement 13 50% of bracketed rate

Residential Mortgage endorsement. The standard request on a one- to four-family loan. The form rewritten in 2024 protects the lender against:

  • Forced removal of a home that crosses onto an easement (someone else’s right to use part of the land) listed in Schedule B
  • A recorded covenant whose violation would cancel the mortgage, push it behind another lien or make it invalid
  • A violation of an enforceable covenant that exists on the policy date, unless Schedule B names it

Environmental Protection Lien. Each of three versions insures that the mortgage ranks ahead of environmental protection liens (liens filed under environmental laws) recorded by the policy date, and of liens allowed by state law (and, in the NYC version, City law), with exceptions:

  • Standard form: excludes liens under one state public health law provision.
  • Government lenders: for mortgages to New York State, public benefit corporations and federal agencies, with no exclusion.
  • New York City form: excludes liens under one City code provision.

None of them insures against environmental conditions themselves.

Condominium. On a loan policy, the key coverage is whether a lien for unpaid common charges and assessments on the policy date ranks ahead of the insured first mortgage; see condo common charge liens.

Variable rate. ALTA 6-06 and 6.2-06 replaced TIRSA’s variable rate forms in 2024. ALTA 6 insures against the mortgage becoming invalid or losing its rank because the interest rate changes. It excludes claims about illegally high interest (usury) and consumer protection claims (2021 ALTA 6 form).

Revolving credit. RCE-1 covers credit line mortgages, such as home equity lines, on owner-occupied one- to six-family homes.

Modifications. A loan modification can be insured with a “Modification Policy,” which may be an endorsement to the existing loan policy. The “bracketed rate” is the manual’s full standard rate, a set charge per $1,000 of coverage that steps down as coverage goes up. It costs 50% of the “bracketed rate” when no new debt is added, the property is the same and the owner has not changed. See TIRSA refinance rates.

Commercial and investor endorsements

Endorsement Policy What it adds
ALTA 9 series (commercial) Owner’s or loan Covenants and private rights
ALTA 9.8-06 / 9.7-06 Owner’s / loan The same, for land under development
TIRSA 3-06 Zoning Owner’s or loan The zoning classification and allowed use
ALTA 28 series Owner’s or loan Encroachments and easements
ALTA 18-06, 18.2-06 Tax Parcel Owner’s or loan The land is its own tax lot or lots
ALTA 19 series Contiguity Owner’s or loan The parcels touch, with no gaps or slivers of land (gores) between them
ALTA 25-06, 25.1-06 Survey Owner’s or loan The land is the same as shown on the survey
TIRSA Access Owner’s or loan The land borders an open street
ALTA 27-06 Usury Loan Claims that the interest rate is illegally high
ALTA 12, 12.1 Aggregation Loan One coverage cap for a loan on property in several states
ALTA 20-06 First Loss Loan Losses on a loan secured by several parcels
TIRSA Identified Risk Owner’s or loan A specific item named in Schedule B
TIRSA Commercial Revolving Credit Loan Advances on a credit line
TIRSA Non-Imputation (3 forms) Owner’s For an owner that is a company: a claim is not refused just because one of the company’s owners or officers knew of the problem
TIRSA Construction Loan Loan Brings coverage up to date at each loan advance
General Endorsement Owner’s or loan Corrections; party walls (shared walls)

Charge and TIRSA Rate Manual section for each:

Endorsement Section Charge
ALTA 9 series (commercial) 30 $250 each
ALTA 9.8-06 / 9.7-06 30 Greater of $500 or 5%
TIRSA 3-06 Zoning 23 Greater of $500 or 5%
ALTA 28 series 28 $250 ($50 residential)
ALTA 18-06, 18.2-06 Tax Parcel 33(G) $50
ALTA 19 series Contiguity 33(G) $50
ALTA 25-06, 25.1-06 Survey 33(G) $50
TIRSA Access 33(G) $50
ALTA 27-06 Usury 29 $250
ALTA 12, 12.1 Aggregation 33(G) $50
ALTA 20-06 First Loss 33(D)(4) 10% of loan rate
TIRSA Identified Risk 33(D)(18) $250 per risk ($150 residential)
TIRSA Commercial Revolving Credit 33(D)(14) 10% or 20% of loan rate
TIRSA Non-Imputation (3 forms) 33(D)(10), 18 20% of owner’s rate
TIRSA Construction Loan 33(B), 9 In continuation charge
General Endorsement 32 No charge

Zoning and land under development. TIRSA 3-06 is available only on commercial property. On a loan policy issued together with an owner’s policy that carries the same form, the loan charge is the greater of $250 or 5% of its premium. ALTA 9.7-06 follows the same pattern when the owner’s policy carries 9.8-06. So does ALTA 28.3-06, the land-under-development form in the ALTA 28 series, which is commercial only. The zoning report behind it is a separate search; see municipal searches for commercial property.

Usury. ALTA 27-06 is available only on a loan or construction loan policy. It is not available on residential property, or for an insured mortgage under $2,500,000. See hard money lender title requirements.

Revolving credit and construction. RCE-2 covers commercial credit lines under $3,000,000 at 10% of the loan rate. RCE-3 covers larger lines at 20% and needs the insurer’s approval. A construction loan endorsement’s charge is part of the charge for updating the title search (the continuation search). The construction mortgage premium covers the first five updates, and each later one is $200.

Tax parcel, contiguity and access. These matter most for multi-lot sites. Each needs proof: a separate tax lot for ALTA 18, clearly identified shared boundary lines for ALTA 19, and a street report for Access.

Several ALTA forms that national lenders ask for are not on New York’s approved list: ALTA 8.2 (commercial environmental), 11 (modification), 17 (access), and 4 and 5 (condominium and planned unit development). Where a TIRSA form covers similar ground, such as Access, Condominium, Planned Unit Development or a modification policy, that form is used instead.

What endorsements add to a typical home purchase bill

A hypothetical Manhattan condo purchase with an adjustable-rate loan might show these endorsements on the title bill:

Policy Endorsement Charge
Owner’s Standard New York $0
Owner’s Condominium $50
Owner’s Market Value (optional) 10% of owner’s rate
Loan Standard New York $0
Loan Residential Mortgage $50
Loan Environmental Protection Lien (NYC) $50
Loan Condominium $50
Loan ALTA 6-06 Variable Rate $50

Without market value coverage, the endorsements total $250. With it, add 10% of the owner’s rate; on an owner’s premium of $4,000 that is $400 more. Premiums are explained in the title insurance cost guide, and the full bill in the title bill explained.

Checking endorsements on a policy or title bill

  1. Where each one came from. Loan endorsements match the lender’s closing instructions; owner’s endorsements match the buyer’s request.
  2. Each charge against its manual section. A percentage charge shows the amount it was calculated on. Where a figure differs from the manual, the title company can say which section supports it.
  3. Whether the requirements are met. Title insurers issue these forms only with proof, such as a separately taxed unit and paid common charges for Condominium, a street report for Access, and an acceptable survey for the ALTA 25 forms. Without the proof at closing, the endorsement is not issued.
  4. The endorsement pages in the final policy. They define the coverage you actually have, including the Standard New York Endorsement’s mechanic’s lien wording.

Details for attorneys and title professionals

Where the rules come from. The tables above show the rate manual section behind each charge. The manual sections behind the other rules in this guide, and the laws the forms refer to, are listed in Official sources.

Standard New York Endorsement, owner’s form (dated 03/08/2024). It adds a covered risk, numbered Covered Risk 11. It covers any lien under the mechanic’s lien part of the Lien Law for work, labor or materials provided before the policy date, if the lien has gained or later gains priority over the owner’s interest. It also replaces the policy’s tax exclusion (Exclusion 6) with the gap exclusion described above.

Standard New York Endorsement, loan form (dated 03/08/2024). It replaces Covered Risk 11 with the advance-by-advance priority wording described above. It replaces Exclusion 8 with the tax gap exclusion. It adds Exclusion 10 for consumer protection laws, which names New York’s high-cost home loan and subprime home loan laws.

Which wording controls. Both forms say: “To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls.” The older wording, written for the 2006 ALTA owner’s form, was “Any statutory lien for services, labor or materials furnished prior to the date hereof.” The lien in the 2011 Brooklyn case was a City emergency repair lien created by the City’s housing code, not by the Lien Law.

Other form details.

  • The Cooperative (Owner’s) endorsement attaches to a leasehold owner’s policy, the form used because a co-op buyer holds a lease, not a deed.
  • The Access underwriter rule excludes access by prescriptive easement, a right to cross land gained only through long use.
  • Waiver of Arbitration deletes Condition 19 of the owner’s policy, Condition 18 of the loan policy and Condition 12 of the Owner’s Extended Protection Policy. In the manual’s forms, the arbitration condition is printed in brackets, marking it as optional text.
  • Each Environmental Protection Lien carve-out is a single provision: one in the state Public Health Law (standard form) and one in the NYC Administrative Code (NYC form).
  • The rewritten Residential Mortgage form is dated 03/08/2024 (Seventh Revision).
  • The Reverse Mortgage endorsement covers loans made under the two reverse mortgage provisions of New York’s Real Property Law.

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.