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DFS regulates title companies use of Closers

Posted By Robert Treuber, Monday, October 23, 2017
Updated: Monday, October 23, 2017

There are many rumors regarding how Closers are affected by the existing TIRSA manual and the new regulations. 


While we are still in the process of interpreting the regulations, there are three things we are confident we can say.

  1. Attendance fees continue to be prohibited - see below*
  2. Gratuities to Closers prohibited for residential and commercial closings as of Dec. 18, 2017.
  3. As of Dec. 18, 2017 pick up fees are permitted for independent title Closers, provided they are reasonable and they are disclosed to seller/seller's attorney at least three days prior to closing. 

The NYSLTA Government Regulations Committee is working on a detailed memo.


* Attendance fees are prohibited under the TIRSA rate manual. 


Attendance at a closing is included in the title premium unless:  

  • closing is in excess of 2 hours, OR
  • if the closing goes beyond normal business hours, or
  • additional attendances are needed, OR
  • travel arrangements and distance warrant.


These are the only circumstances when an attendance fee is permitted (pursuant to Part 1, Section 1 (f)) – text below:


The Company may impose additional work charges in especially difficult titles. Extra charges may
be made at or after the receipt of the application for examination of title which may involve
additional tax lots, multiple chains of title, land under water, land in bed of streets, rights-of-way,
driveways, easements, strips and gores, foreclosures, proceedings under federal bankruptcy or
state insolvency related statutes, or which involve other unusual difficulties, or for unusual
expenditures for travel, or for recording instruments, telephone, telegraph or delivery charges.
The Company may impose additional charges for closing attendance in excess of two hours and
for any closings extending beyond normal business hours and where additional attendances are
necessary or travel arrangements and distance warrant.


Furthermore – this is a quote from the DFS in their response to industry comments:


Because having someone represent the title insurance corporation at the closing is an essential component of issuing the policy, an “attendance fee” for the closer is included in the rate manual as a fee that is encompassed by the premium”

Tags:  Closers  DFS  Reg 206  Reg 208  TIRSA 

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Comments on this post...

Professional Land Services LLC says...
Posted Wednesday, October 25, 2017
I would like to see the original TIRSA rate application from decades ago, whether "Attendance fee" for closer was included in their rate application. If not, then DFS is making this UP in an effort to kill Title Insurance in NYS.
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