NYSLTA BACK TO WORK COMMITTEE
Questions to consider when creating a BTW Plan UPDATED JULY 28, 2020

The Executive Committee of the NYS Land Title Association formed a special task force in May 2020 to prepare guidance for member companies in anticipation of the eventual lifting of restrictions and the return to the traditional workplace.

The Back-To-Work Group has compiled a multi-page PDF document covering a dozen topics such as liability, good practices, reporting requirements, human resources concerns, office cleaning and disinfecting, PPE, health & wellness, social distancing, business travel and risk assessment.

Logged in members can access the BTW Guide here. 

The file is also available by navigating to: SECTIONS> ABSTRACTERS & AGENTS SECTION and selecting the file named "Back-To-Work FAQ 7-28-2020" PDF (232.43 KB) from the file library on that page.

NYSLTA Land Records Committee has received the following information from the Office of the Suffolk County Clerk.

LAND RECORDINGS CONTINUE IN SUFFOLK COUNTY

Due to the COVID19 outbreak and out of an abundance of caution, the Suffolk County Clerk’s Office has closed its building operations to the public.  The health and safety of our employees and constituents is of utmost concern.   By executive order, our on-site staff has been severely reduced with the majority of employees working remotely.

 Business continuity has been achieved as we are able to process documents remotely with minimal processing impact.

As a recording office, we know our job is essential to the economy and we are very much aware that the land title and mortgage banking industries rely heavily on documentation obtained from our office and the timely processing of same.

Title Examiners 

The SCCO has provided a NO COST 24/7 remote access portal for viewing all records that are currently in the system which dates back to 1987 for land records and 2004 for judgements, liens, lis pendens and uniform commercial codes. Automated requests for documents beyond these dates will also be accommodated through the same remote access portal.  Those that wish to download images have that capability as well with a new convenient feature that accepts credit cards.  Help Desk resources are also available to account users.

Communications 

The status of our office operations is available on the Clerk’s website www.suffolkcountyny.gov/clerk.

 Here is a quick view:

·      Closed to the public, but processing

o   E-Recording  (Simplifile, CSC, EPN)

o   Mail (we strongly recommend FED EX, UPS, USPS express)

o   Drop-offs in the Lobby (subject to change)

·      Documents being processed

o   Paper recordings

o   E-Recordings (Simplifile, CSC, EPN)

o   E-Recordings – Most documents accepted

o   Documents will be processed in date-received order for all incoming submissions (E-recording, mail and drop-offs)

·      Website

o   www.suffolkcountyny.gov/clerk

o   Recording questions recording@suffolkcountyclerk.com

o   E-Recording questions erecording@suffolkcountyclerk.com

o   Map questions maps@suffolkcountyny.gov

o   Judgement questions judgements@suffolkcountyny.gov

·      Searching

o   Index (1987)

o   Grantor/grantee books on line (1893 forward)

o   Document images (1987 mortgages /deeds)

o   Document images (2004 liens/judgments/UCC/LP)

o   *Document images (1973 to 1984 deeds)

o   *Real Property Tax Maps (1976 images)

o   *Sub-division Filed Maps (1952 west end towns/all east end)

o   Building Loan Agreements (1984 index/2004 images)

o   Mechanics Liens (1984 index/2004 images)

o   Print options (available remotely thru kiosk)

o   *Certified copy requests (available remotely thru kiosk)

o   *Hard copy request program (available remotely thru kiosk)

*New enhancements

·      Acceptance of Remote On-Line Notarization (RON)

o   Yes.  We will accept RON provided that the notary acknowledgment language includes it to be in full compliance within the requirements set forth in Gov. Executive Order 202.7

·      Anticipated return to regular business operations

o   Unknown

·      Outreach

o   Website updates www.suffolkcountyny.gov/clerk

o   Automated VOIP system 631-852-2001 x800

o   Social media (County Clerk Pascale FB page)

o   NYSLTA, PRIA, E-Recording providers 

Office of the Suffolk County Clerk

Judith A. Pascale

www.suffolkcountyny.gov/clerk

631-852-2001 x800

Released on April 13, 2020

https://www.dfs.ny.gov/industry_guidance/industry_letters/il20200413_covid19_cybersecurity_awareness

Re: Guidance to Department of Financial Services (“DFS”) Regulated Entities Regarding Cybersecurity Awareness During COVID-19 Pandemic

To: All New York State Regulated Entities

As we face an unprecedented threat from the novel coronavirus known as “COVID-19,” every organization’s highest priority must be health and safety.  The extraordinary steps necessary to combat the COVID-19 pandemic have also created new challenges as regulated entities work to continue operating and providing critical services.  Among these new risks is a significant increase in cybercrime, as criminals seek to exploit the situation.^[1]

The Department of Financial Services (“DFS”) has identified several areas of heightened cybersecurity risk as a result of this crisis.  As called for by DFS’s cybersecurity regulation, 23 NYCRR Part 500, regulated entities should assess the risks described below and address them appropriately.^[2]

We also remind all regulated entities that, under 23 NYCRR Section 500.17(a), covered Cybersecurity Events must be reported to DFS as promptly as possible and within 72 hours at the latest.  Prompt reporting will enable DFS to respond quickly to new threats as DFS works to protect consumers and the financial services industry in these difficult times.

Heightened Risks

1. Remote Working

   The abrupt shift to mass remote working forced by COVID-19 has created new security challenges, and attackers are exploiting these new vulnerabilities.^[3]  These heightened risks to regulated entities’ networks and Nonpublic Information^[4] include: 

   • Secure Connections.  Companies should make remote access as secure as possible under the circumstances.  This includes the use of Multi-Factor Authentication and secure VPN connections that will encrypt all data in transit.  See 23 NYCRR §§ 500.12 & 500.15.
   • Company-Issued Devices.  As new devices such as computers and phones are acquired or repurposed for remote working, regulated entities should ensure that they are properly secured.  This includes locking down the devices so applications cannot be added or deleted by the user, and installing appropriate security software, such as Endpoint Detection & Response and Mobile Device Management.
   • Bring Your Own Device (BYOD) Expansion.  Regulated entities that have expanded their BYOD policies to enable mass remote working should be aware of the security risks and consider mitigating steps.  Some personal devices are not properly secured or are already compromised.  If an expanded BYOD policy is necessary, compensating controls should therefore be considered.
   • Remote Working Communications.  Remote working has increased reliance on video and audio-conferencing applications, but these tools are increasingly targeted by cybercriminals.  Regulated entities should configure these tools to limit unauthorized access, and make sure that employees are given guidance on how to use them securely.
   • Data Loss Prevention.  Employees may be using unauthorized personal accounts and applications, such as email accounts, to remain productive while remote working.  Regulated entities should remind employees not to send Nonpublic Information to personal email accounts and devices.  Anticipating and solving productivity problems will reduce the temptation to use such devices.


2. Increased Phishing and Fraud

   There has been a significant increase in online fraud and phishing attempts related to COVID-19.  For example, the FBI has reported that criminals are using fake emails that pretend to be from the Centers for Disease Control and Prevention (“CDC”), ask for charitable contributions, or offer COVID-19 relief such as government checks.^[5]
   
   

3. Regulated entities should remind their employees to be alert for phishing and fraud emails, and revisit phishing training and testing at the earliest practical opportunity.  Now that face-to-face work is curtailed, authentication protocols may need to be updated – especially for key actions, like security exceptions and wire transfers.



4. Third-Party Risk

   The challenges created by the COVID-19 pandemic have also affected third-party vendors, and regulated entities should re-evaluate the risks to critical vendors.  See 23 NYCRR § 500.11.  Regulated entities should coordinate with critical vendors to determine how they are adequately addressing the new risks.

Conclusion

The COVID-19 pandemic has disrupted normal operations in the financial services industry and beyond, and cyber criminals are exploiting the crisis. Despite the extraordinary challenges, regulated entities should remain vigilant.  By following good cybersecurity practices, entities can identify, mitigate, and manage the risks.

^[1] See DHS Cybersecurity and Infrastructure Security Agency (“CISA”), COVID-19 Exploited by Malicious Cyber Actors (April 8, 2020).

^[2] Heightened cyber risk should also be addressed in the COVID-19 operational preparedness plans called for by DFS guidance issued on March 10, 2020.  See Guidance to New York State Regulated Institutions and Request for Assurance of Operational Preparedness Relating to the Outbreak of the Novel Coronavirus.

^[3] See FBI, Cyber Actors Take Advantage of COVID-19 Pandemic to Exploit Increased Use of Virtual Environments (April 1, 2020); U.S. Secret Service, Secret Service Issues COVID-19 (Coronavirus) Phishing Alert (March 9, 2020).

^[4] 23 NYCRR § 500.01(g).

^[5] See FBI, FBI Sees Rise In Fraud Schemes Related to the Coronavirus (COVID-19) Pandemic (March 20, 2020).

Guidance to Insurance Producers regarding Electronic Delivery of Notices

The Department of Financial Services (“Department”) is aware of insurance producers (“Producers”) facing challenges complying with the notice obligations in new 11 NYCRR § 229.5(b) and 3 NYCRR § 405.6(b)(4) described below (“Notice Obligations”).

First, regarding obtaining consumers’ consent to electronic communications, please see the Department’s Current Guidance Regarding Electronic Signatures, Transactions, and Filings with DFS.

Second, the Department is accommodating Producers by reducing their burden to fulfill the Notice Obligations during the current state of emergency. Specifically, for the duration of the current state of emergency, Producers may comply with the Notice Obligations by emailing the notices to the consumers for which the Producers have email addresses, regardless of whether the consumers have consented to receiving this notice via email.

Producers with websites should post the information on their websites as soon as possible. The Department also encourages supplemental dissemination of the content of the Notice Obligations by other means, including social media.

Finally, Producers should maintain records of their communications with consumers, electronic or otherwise, used to satisfy the Notice Obligations for a period of time sufficient to satisfy applicable statutes of limitation and, where an action or claim is pending, for such period of time until the matter is resolved. See Office of General Counsel Opinion 05-03-32 (March 24, 2005). In addition, if a Producer obligated itself by contract with its principal, the insurer or insured, to retain records for a period of time, then such obligation, if legally enforceable, must be satisfied, subject to an alternative acceptable to the principal. These communications used to satisfy the Notice Obligations may be subject to Department review, including but not limited to, on examination.

Below is a summary of the insurance producer requirement in the relevant emergency regulations.

New 11 NYCRR § 229.5(b) and 3 NYCRR § 405.6(b)(4) require a licensed insurance producer who services an in-force life insurance policy, annuity contract, or fraternal benefit society certificate or who procured a property/casualty insurance policy for the policyholder or contract holder to mail or deliver notice to the policyholder or contract holder of the provisions of 11 NYCRR 229 and 3 NYCRR § 405.6 within ten business days following the promulgation of 11 NYCRR 229 and 3 NYCRR § 405.6.

THE FOLLOWING NOTICE HAS BEEN POSTED ON THE WEB PAGE OF

THE SUFFOLK COUNTY CLERK

LAND RECORDINGS CONTINUE IN SUFFOLK COUNTY

Due to the COVID19 outbreak and out of an abundance of caution, the Suffolk County Clerk’s Office has closed its building operations to the public.  The health and safety of our employees and constituents is of utmost concern.   By executive order, our on-site staff has been severely reduced with the majority of employees now working from home.  Business continuity has been achieved as we are able to process documents remotely with minimal processing impact.

As a recording office, we know our job is essential to the economy and we are very much aware that the land title and mortgage banking industries rely heavily on our documentation and the timely processing of same.

Title Examiners.  The SCCO has provided a NO COST 24/7 remote access portal for viewing all records that are currently in the system which dates back to 1987 for land records and 2004 for judgements, liens, lis pendens and uniform commercial codes. Automated requests for documents beyond these dates will also be accommodated through the same remote access portal.  Those that wish to download images have that capability as well with a new convenient feature that accepts credit cards.  Help Desk resources are also available to account users. 

Communications.  The status of our office operations is available on the Clerk’s website www.suffolkcountyny.gov/clerk.  Here is a quick view:

·      Closed to the public, but processing

o   E-Recording  (Simplifile, CSC, EPN)

o   Mail (we strongly recommend FED EX, UPS, USPS express)

o   Drop-offs in the Lobby (subject to change)

·      Documents being processed

o   Paper recordings

o   E-Recordings (Simplifile, CSC, EPN)

§  Most types of land documents are accepted

o   Documents will be processed in date-received order for all incoming submissions (E-recording, mail and drop-offs)

·      Website

o   www.suffolkcountyny.gov/clerk

o   Recording questions recording@suffolkcountyclerk.com

o   E-Recording questions erecording@suffolkcountyclerk.com

·      Searching

o   Index (1987)

o   Grantor/grantee books on line (1893 forward)

o   Document images (1987 land records/2004 liens, judg, UCC, LP)

o   Print options – available

·      Acceptance of Remote On-Line Notarization (RON)

o   Yes.  We will accept RON provided that the notary acknowledgment is modified to include that it was performed in full compliance within the requirements set forth in Gov. Executive Order 202.7

·      Anticipated return to regular business operations

o   Unknown

·      Outreach

o   Website updates

o   Automated VOIP system 631-852-2000

o   Social media (County Clerk Pascale FB page)

o   PRIA, NYSLTA, E-Recording providers 

Office of the Suffolk County Clerk

Judith A. Pascale

www.suffolkcountyny.gov/clerk