Bulletin: IN2014011

Date:
December 12, 2014
To:
All Indiana Issuing Offices
RE:
UNDERWRITING - Search Issues in the Marion County, Indiana Clerk’s office

Dear Associates:

Bulletin SLS2013009 issued on August 4, 2013, required that both the JUSTIS system and the My Case/Odyssey system be searched for judgments in Marion County, Indiana. This requirement was due to the Marion County Clerk’s office switching to the new My Case/Odyssey system and a problem with certain case files not being transferred to the new system. Specifically, cases that were not active for two years were not transferred to the new system even though judgments rendered were still in the 10-year statute of limitations for judgment liens.

Until October 31, 2014, an online service, Civic Net, could be searched in lieu of JUSTIS. On October 31, 2014, Civic Net was shut down but the JUSTIS system was still available and searchable by the public. The title industry was informed that at some point in the near future, the records on the JUSTIS system would be converted into a new system searchable by the public. We have recently become aware that the Clerk’s office shut down the JUSTIS system earlier this week. We have been informed that in attempting to load data into new system, the system crashed. The Indiana Land Title Association and its lobbyist Charlie Hiltunen are working to resolve the situation. We have received tentative information that JUSTIS may be up and running by December 17 at the earliest. We will keep you informed of any further developments.

Because the accuracy of the judgment lien records is now questionable for searches initiated after the crash, the following exception must be included in commitments or updates until further notice:

Certain judgment lien data maintained by the Marion County Clerk’s Office is currently not available. As a result, we cannot provide an accurate judgment lien search. This policy does not insure against any loss or damage arising out of judgment liens filed in the Marion County Clerk’s office.

If you have access to a title plant in Marion County, the plant may have current judgment information through the date of the crash and the above exception may not be needed. Please check with the plant administrator.

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:
IN2013009 GENERAL - Search Issues in the Marion County, Indiana, Clerk's office
 
SLS2013009 UNDERWRITING - FDIC Owned Real Estate Mineral Reservation
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None