Bulletin: NY000672a

Dear Associates:

The purpose of this Bulletin is to modify and clarify Bulletin 672 issued as a result of the cyber-intrusion reported by the Suffolk County Clerk’s Office on September 8, 2022 that has resulted in multiple County systems being shut down.  As a result, examiners in Suffolk County are currently unable to conduct searches of the Suffolk County land records, Suffolk County Clerk’s docket and other databases.  

The County is working diligently to resolve this issue.  We will keep our policy-issuing agents apprised of any developments as we learn of them.  In the meantime, if you are unable to obtain a continuation search, or if you are unable to record the recordable documents (including any mortgage or deed) because county or other recording office is closed and is not accepting electronic filings, please include the following exception in any owner’s policy or loan policy to be issued:

Due to outages at the Suffolk County Clerk’s Office, updated searches are not currently available.  Policy excepts any matters that appear of record subsequent to the effective date of the title report.

We can omit this exception if the following conditions are met:

1. The policy will not exceed $3 million;
   
2. You secure Stewart Title Insurance Company’s customary title affidavit or similar affidavit from the current owner of the real property;
   
3. The current owner of the real property executes and delivers the Indemnity and Acknowledgment linked below and included as a part of this Bulletin;
   
4. The title examination does not show that the seller, purchaser or borrower is subject to any outstanding involuntary or statutory liens, such as judgment liens, tax liens or mechanic’s liens, or lawsuits;
   
5. The insured mortgage (if applicable) is not a construction mortgage and there has been no recent construction;
   
6. You determine that the closing instructions of the proposed insured lender and purchaser provide, or as clarified, acknowledge that recording and return of the original deed and mortgage will be delayed until the county or other recording office is open and allowing access thereto.

These conditions should not be shown as requirements in the title report or as exceptions in a policy.

If your transaction will not comply with these guidelines, or if you have any questions, please call a Stewart Title Insurance Company underwriter.  As a reminder, you a responsible for knowledge and compliance with the information contained in all Bulletins and Special Alerts as posted on Virtual Underwriter (www.vuwriter.com), whether you receive them by electronic distribution or not.

In the event you have any questions regarding the above, please contact Stewart Title Legal Department at 212-922-0050 and speak with any Underwriting Counsel.

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

Forms: Indemnity and Acknowledgment