Bulletin: NY000246

Note: This Bulletin has been replaced by Bulletin NY000532 . Use it for reference only.

Date:
March 25, 2005
To:
All Issuing Offices in New York
RE:
Onondaga Nation Land Claim

On March 11, 2005, the Onondaga Nation (hereinafter the “Nation”) filed suit in the U.S. District Court for the Northern District of New York, seeking a declaratory judgment which could affect title to a significant portion of land in New York. While the exact boundaries of the area in question are not specifically set forth in the pleadings, the area affected includes all or portions of the following counties: Broome, Cayuga, Chenango, Cortland, Jefferson, Lewis, Madison, Onondaga, Oswego , Tioga and Tompkins.

The declaratory judgment sought by the Nation would establish that certain conveyances of land in the affected area violated both state and federal law and, as a result, those conveyances were a nullity and the land therefore remains the property of the Nation. Based on newspaper accounts and interviews, it does not appear that the Nation will look to include individual property owners in this litigation, nor will they seek to evict, nor demand rent from, current owners if it should prevail in its efforts. In addition to naming the State of New York , various municipalities and Governor Pataki as defendants, also named are several corporate entities, in an apparent attempt to bring environmental issues to the forefront in this litigation.

All issuing offices are advised that any reports and policies issued must contain the exception appearing in Virtual Underwriter as NAAX03 STIC which may be found at http://www.vuwriter.com/vuexceptions.jsp?displaykey=SE00004857. A copy of the exception is attached.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None