Bulletin: NY000570

Date:
October 12, 2015
To:
All New York State Agents
RE:
UPDATED: Information about Nassau County Clerk’s Office

This is an update of our Bulletin 569 wherein we advised you of a problem with the Nassau County Clerk’s office.  The problems in the Nassau County Clerk’s office are continuing. As you may be aware, the Nassau County Clerk’s office is transitioning to a new computer system which has presented problems for searching and recording.  It appears that Continuations must be run in both the new system and old system.  Recording must be marked received by the clerk’s office and then followed up upon to ensure recordation.   You are encouraged to have your examiner run searches in both systems until the new system can be verified as accurate. 

Initially we advised you that you should contact Stewart Title Insurance Company on all Nassau transaction due to the issues in Nassau County.  All agents are now advised that in the event they have concerns on a Nassau County recording or searching issue, they should contact the Legal Department prior to closing.  We are now able to give you further guidance on how to proceed in Nassau County. 

The following exception must be added to all reports on Nassau County property:

PLEASE NOTE: The Nassau County Clerk’s computer systems are in the process of being updated, and they are experiencing certain difficulties migrating data into the new system.  Instruments recorded or filed since the end of September may not be reflected in the Clerk’s new indexing system.  Therefore, the Company will require confirmation from seller at closing that the seller or its agent has not executed and presented for recording/filing any instrument to the Nassau County Clerk in the past month affecting the Premises which is not disclosed by the within title report.  We anticipate this situation with the Clerk is temporary and are monitoring it carefully.

The following must be added to the title affidavit or obtained in a stand-alone affidavit:

That neither I(we) nor any one on my(our) behalf or to my knowledge has presented for recording and/or filing any instrument to the Nassau County Clerk in the past month affecting the Premises which is not disclosed by the above referenced title report.

That our social security Number(s) is/are________________________________

Our new address will be: ________________________________________________________________

We make this affidavit knowing that_______________________________ and Stewart Title Insurance Company will rely on the truthfulness herein and agree to indemnify____________________ and Stewart Title Insurance Company for all lost cost or damage thereof from any untruthfulness

 

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.

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References

Bulletins Replaced:
None
Related Bulletins:
NY000569 Information about Nassau County Clerk’s Office
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None