Bulletin: IN2013009

Date:
August 05, 2013
To:
All Indiana Issuing Offices
RE:
GENERAL - Search Issues in the Marion County, Indiana, Clerk's office

Dear Associates:

On May 3, 2013, the Marion County Clerk’s office switched to a new computer system for maintaining case records filed in the Clerk’s office. The new Odyssey system, also referred to as “MyCase”, went “live” on May 4, 2013. The Odyssey system can be accessed at public terminals at the Marion County Clerk’s office and at the following link:  http://mycase.in.gov/. The purpose of this bulletin is to address concerns regarding court records searchable in each system and effective dates for commitment and policy issuance.

According to Mary DePrez, Director and Counsel for the Judicial Technology Automation Committee of State Court Administration (“JTAC”), cases not active for two years have not been transferred over to the Odyssey system. If there is a new filing in a case that has been deemed inactive, the case will be transferred over to the Odyssey system. The old Justice system will remain active and title companies will be able to search the system for judgments that constitute liens against real property. JTAC is researching an alternative system to maintain Justice Files that will be searchable by the public. The Justice system will not be shut down until an alternative system is available. In addition to a public terminal located at the Marion County Clerk’s office, the Justice system can be searched for a fee at the following link: http://www.biz.indygov.org/civil_court_records.html. Information on civil cases is available on the Justice system from 1991 - May 3, 2013.

Criminal court cases and ordinance violation liens (OV cases from court 12) as well as health and hospital cases have not been transferred to the Odyssey system. These types of cases are only searchable in the old “Justice” system. New criminal, ordinance violation, and health and hospital cases will still be filed in the Justice system for the time being and can be searched on the Justice system.

As a result, in order to insure property in Marion County, Indiana, you must search both the Justice system and the Odyssey system for judgments. The effective date of the title commitment should be the date by which you are able to search the public records contained in the two systems as established by the Clerk’s office.

Small claims judgments are currently an issue for all transactions in Marion County, Indiana. Cases from seven of the nine township small claims courts are now being added to the Odyssey system. The treatment of small claims cases has created confusion for real property transactions. Small claims judgments are not liens until certified to circuit or superior court. The old Justice system only maintained small claims judgments certified to circuit or superior court. There is no indicator in the Odyssey system disclosing if and when the small claims judgments were certified to superior or circuit court. The small claims judgments in the two courts that are not on the Odyssey system will not be judgments against real property unless certified to circuit or superior court. Once certified, they should be searchable in the Odyssey system. Until further notice, you will need to take exception to all small claims judgments disclosed in your search in Schedule B of your commitment/policy unless you can confirm they have not been certified to the circuit or superior court or you receive approval to remove from a Stewart Title Guaranty underwriter. JTAC is aware of this issue and we are waiting for further information.  

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

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