And, when you get it, present it to the seller with an Addendum (in writing) that the encroachment must be cured to secure clear title prior to closing. 

Unless the cost to cure less than $20000 the problem is getting a contractor to commit to under 19 to make it fly on a Homestyle as costs always overrun and seller knows how much repairs really are needed. 

You will also want to check curing instructions as any dirt or grime that gets on the caulk before it is fully cured will stain and bond to the dirt/grime.  

Also, a tenant must document non emergency maintenance issues in writing and the landlord has 30 days to cure.

Especially Wesley and Matt who i think i needed to hear and nailed it on the head. tenant threw a lot of stuff at me and need to step back and as the saying goes. it is what it is. and their personal issues are not my job, place or responsibility to try and cure. 

Now on advice of my council I don't believe this is legal as you have precluded the borrower their right to cure and defend a foreclosure action..

Give them the appropriate "Notice to cure", and include an "option" to vacate the premises within 60 days without penalty since you need to renovate it anyway, and without affecting their Public Records.

Balance left was $1600.If it were an unauthorized tenant violation, looks like they should have given me a 7 day notice to cure.

This is called "shared metering" and is generally not allowed unless you and the tenant have signed an agreement provided by your utility company.Unless NYC has its own rules, you should be able to voluntarily put the electric bill in your name to cure any investigation. 

Second, read the provisions regarding curing a default, to see if the borrower has a safe harbor period to cure a triggering event.