Bulletin: OH000008

Date:
August 19, 2005
To:
All Issuing Offices
RE:
Eastern Shawnee Tribe of Oklahoma v. State of Ohio etc. United States District Court, Northern District of Ohio Western Division, Case No. 3:05CV7267

Dear Associates:

The Eastern Shawnee Tribe of Oklahoma has filed a complaint in the Federal District Court, Northern District of Ohio, Western Division in Toledo, Lucas County, Ohio claiming ownership rights in three western counties in Ohio as well as "hunting, fishing and gathering" rights in thirty-five other counties involving over 11,000 square miles of land. See Exhibit A for a list of the thirty-eight counties involved.

With regard to this pending litigation you must do the following if you have an order in one of the counties listed on Exhibit A:

A. Insuring Individuals and Private Entities.

1.  In Schedule B of your commitment for both owner's and loan policies in which the buyer and the seller of the estate or interest in the land are individuals or private entities (Corporations, Limited Liability Companies, Limited Partnerships, General Partnerships, etc.) add the following note:

"Note - The Eastern Shawnee Tribe of Oklahoma has filed suit in the Federal District Court in Toledo, Lucas County, Ohio claiming ownership rights in three western counties in Ohio, as well as "hunting, fishing and gathering" rights in thirty-five other Ohio counties.  The complaint includes the county in which the land in Schedule A is located.  Please note that the policy that will be issued, as provided in the commitment will not include an exception for this law suit."

2.  Before issuing an owner's policy of title insurance you must require the proposed insured to sign a letter that acknowledges disclosure of the law suit.  Please utilize the form referenced at the end of the Bulletin.

3.  Do not make any representations with regard to the law suit.  Do not represent that the law suit is not a problem.  Simply advise that Stewart is willing to issue a title insurance policy without exception to the law suit and provide title insurance in accordance with terms of the policies.

B. Insuring Government Entities.

1.  In Schedule B of a commitment where the buyer or seller is a government entity or subdivision of the federal, state, or local government, add the following note:

"Note - The Eastern Shawnee Tribe of Oklahoma has filed suit in the Federal District Court in Toledo, Lucas County, Ohio claiming ownership rights in three western counties in Ohio, as well as "hunting, fishing and gathering" rights in thirty-five other Ohio counties.  The complaint includes the county in which the land in Schedule A is located.  Please note that the policy that will be issued as provided in the commitment, subject to Company review of the proposed transaction, may include an exception for this law suit."

2.   Issuance of a commitment and policy under this section must be approved by Ohio Underwriting Counsel and a Houston Senior Underwriter.

3.   Before issuing any policy of title insurance under this section you must confirm that the proposed insured received a copy of the commitment prior to the date of closing.

4.   Do not make any representations with regard to the law suit. Do not represent that the law suit is not a problem.

5.   Determine if the seller is an insured in an existing Stewart Title Guaranty Policy.

If the circumstances of your transaction do not fit within these guidelines, please contact underwriting personnel.  If you have any questions concerning these guidelines, please contact your underwriting personnel.  This bulletin does not supersede overlimits or underwriting guidelines.

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.

Exhibit A

Adams Franklin Meigs
Allen Gallia Miami
Athens Greene Montgomery
Auglaize Hamilton Morrow
Brown Higland Pickaway
Butler Hocking Pike
Champaign Jackson Ross
Clark Knox Scioto
Clermont Lawrence Shelby
Clinton Licking Union
Delaware Logan Vinton
Fairfield Madison Warren
Fayette Marion

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
9.08 Indian Titles
Exceptions Manual:
None
Forms:
OH Acknowledgment-Disclosure/Eastern Shawnee Tribe 1