Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Real Estate Lawyer
Conveyancing refers to the legal process of transferring ownership of real property from one party to another. In Latham, which is a hamlet in the Town of Colonie in Albany County, New York, conveyancing typically covers contract review and negotiation, title searches and clearing title defects, preparation and review of deeds, coordination of mortgage payoffs and new loans, escrow and closing procedures, and recording of documents with the county clerk. Because New York practice commonly involves attorneys for real estate closings, buyers and sellers often work with a lawyer who handles documentation, funds transfer, and ensures compliance with state and local requirements.
Even straightforward sales can present legal issues that benefit from an attorney's involvement. Common situations where people need legal help include:
- Purchasing residential property - to review the purchase contract, confirm title status, address contingencies, and attend closing.
- Selling a home - to draft or review the deed, ensure required disclosures are completed, and handle payoff of existing liens.
- Refinancing or assumption of a mortgage - to coordinate lien releases, review loan documents, and handle recording requirements.
- Title problems or liens - if a title search reveals unknown liens, judgments, or chain-of-title issues, counsel can pursue cures or negotiate solutions.
- Boundary, easement, or access disputes - to interpret surveys, negotiate easement agreements, or litigate disputes about property lines and rights of way.
- Closings for co-ops, condos, or commercial property - these transactions often involve specialized documentation, association documents, or environmental and zoning reviews.
- Estate transfers or probate sales - transferring property from an estate or trust can require specific legal steps to ensure valid title transfer.
- Foreclosure, short sale, or distressed property purchases - to evaluate risks, negotiate with lenders, and confirm the status of any claims.
Conveyancing in Latham is governed by a mix of federal, New York State, Albany County, and Town of Colonie rules and procedures. Key aspects to keep in mind:
- New York contract and conveyancing statutes - purchase agreements, deeds, and mortgage documents must comply with New York property law and the statute of frauds, which requires certain agreements to be in writing and properly signed.
- Title search and recording - deeds, mortgages, satisfactions, and other instruments must be recorded in the Albany County Clerk's office to provide public notice and establish priority. Accurate chain-of-title searches identify exceptions, liens, and encumbrances.
- Title insurance - buyers commonly obtain owner title insurance to protect against hidden defects in title. Lenders require lender's title insurance for mortgage loans.
- Transfer taxes and recording fees - conveyances are subject to state and local transfer tax rules and recording fees. The Town and County may have local charges or assessments relevant to transfers.
- Property disclosures and lead-based paint - sellers must provide required disclosures under New York law, and homes built before 1978 require lead-based paint disclosures.
- Zoning, land use, and building approvals - the Town of Colonie enforces zoning and building codes that can affect permitted uses, lot splits, and required permits. Certificates of occupancy may be required to validate intended uses.
- Municipal utilities and septic - properties connected to public sewer and water may have different transfer requirements than properties on septic or private wells. Connection and inspection requirements vary by municipality.
- Homeowners associations and condominium/cooperative rules - transfer of ownership in condos and co-ops often requires approval by the association or co-op board and compliance with proprietary lease or bylaws.
- Environmental and floodplain issues - properties in regulated wetlands or floodplains may require additional permits or disclosures. New York and local environmental agencies regulate certain land use impacts.
Conveyancing is the legal process of transferring property ownership. A conveyancing lawyer reviews and negotiates purchase contracts, conducts or oversees title searches, resolves title defects or liens, prepares and reviews deeds and closing documents, coordinates escrow and the exchange of funds, and ensures that all documents are properly recorded with the county clerk. They also advise on taxes, easements, and other legal obligations tied to the property.
While not strictly required by state statute for every transaction, using a lawyer is common in New York and highly recommended. Attorneys protect your legal interests, help you understand contract terms and contingencies, coordinate with lenders and title companies, and typically attend or oversee closings. For certain transactions - such as co-op sales, commercial deals, or properties with title issues - legal representation is strongly advisable.
Timeline varies by transaction complexity. A straightforward residential purchase often takes 30 to 60 days from contract signing to closing, depending on mortgage underwriting, title clearance, and scheduling. More complex matters - such as clearing title defects, obtaining municipal approvals, or dealing with estate or probate issues - can extend the process further.
Closing costs may include attorney fees, title search and title insurance premiums, recording fees, transfer taxes, lender fees for loan origination and title insurance, prorated property taxes and utilities, escrow fees, and any municipal charges. Each transaction is different; your attorney or lender should provide a detailed estimate of anticipated closing costs early in the process.
Title insurance protects against losses from defects in the title that were not discovered during the title search - such as undisclosed heirs, forged documents, or clerical errors. Lender's title insurance is usually required for mortgages, and owner’s title insurance is strongly recommended to protect your equity. It is a one-time premium paid at closing and remains in effect while you or your heirs have an interest in the property.
Common searches include a chain-of-title review, lien and judgment searches, mortgage and tax lien searches, and local municipal searches for outstanding code violations or assessments. A survey may be obtained or reviewed to confirm property boundaries and identify easements. For commercial or contaminated sites, environmental searches and reports may be needed.
If a title defect is discovered, parties have several options: the seller may cure the defect by paying off liens or obtaining releases; the buyer may negotiate a reduction in price or require indemnities; the seller may provide title insurance with exceptions limited; or the transaction may be postponed or canceled if the problem cannot be resolved. An attorney advises on the best path to protect your interests.
Yes. Condo and cooperative sales involve association documents such as by-laws, proprietary leases, financial statements, and resale certificates. Co-op transfers typically require board approval and a transfer of shares rather than traditional deed transfers. Your attorney should review association requirements and confirm any board interview or approval process and associated fees or escrows.
Property taxes are typically prorated between buyer and seller based on the closing date and the tax year. Buyers should review recent tax bills and any pending assessments. If a property is enrolled in special programs or exemptions - for example, New York State exemptions for veterans or senior STAR credits - you should confirm whether those transfer with the property or need reapplication.
Some aspects of conveyancing - such as drafting documents or negotiating contract terms - can be handled by attorneys without a title company. However, title companies perform searches, issue title insurance, and often coordinate closings. Most lenders require a lender's title insurance policy, which usually involves a title insurer or agent. Even if you elect not to use a title company, you should have experienced legal counsel to manage the process.
For reliable information and local assistance, consider contacting or consulting resources such as:
- Town of Colonie Assessor and Building Department - for zoning, building permits, certificates of occupancy, and local assessment information.
- Albany County Clerk - for recording requirements, fees, and document retrieval.
- New York State Department of State - for state-level regulations related to real property and professional licensing.
- New York State Attorney General - Real Estate Bureau - for consumer information on real estate transactions.
- New York State Bar Association - Real Property Section - for guidance on selecting attorneys and understanding regional practice.
- Local title insurance companies and licensed surveyors - for title searches, title insurance, and accurate surveys.
- U.S. Environmental Protection Agency and New York State Department of Environmental Conservation - for environmental and floodplain information that can affect property use.
- Local real estate agents and lenders - for market context, mortgage process guidance, and lists of common closing costs. When seeking referrals, ask for professionals with specific experience in Latham and Albany County transactions.
If you need legal assistance with conveyancing in Latham, consider the following steps to move forward efficiently:
- Gather key documents - have the purchase agreement, current deed, recent property tax bills, existing mortgage statements, survey (if available), sellers disclosure forms, and any homeowners association or condominium documents ready for review.
- Get referrals and check credentials - ask for recommendations from trusted sources and verify that an attorney is licensed in New York and experienced in real estate closings in Albany County or the Town of Colonie.
- Schedule an initial consultation - discuss the transaction timeline, likely issues, estimated fees, and the attorney’s role. Ask whether the attorney will attend the closing and handle fund disbursement and recording.
- Request a written engagement letter - confirm scope of services, fees, retainer requirements, and who will handle communications with the lender, title company, and other parties.
- Prepare for closing - work with your attorney and lender to ensure that title searches, inspections, municipality approvals, and any necessary repairs or curative steps are completed before the scheduled closing date.
- Understand the final figures - review the final settlement statement early and ask questions about any unexpected charges, prorations, or tax implications prior to signing documents at closing.
Remember that this guide provides general information and is not a substitute for personalized legal advice. For specific legal questions about conveyancing in Latham or to begin representation, contact a licensed real estate attorney with local experience.
