On the evening of Monday, December 21, 2015 the Nassau County Legislature passed two emergency resolutions. This vote changed to January 4, 2016, the effective date of the block recording fee increase and the Tax Map Verification Letter (TMVL) fee increase.

These are recorded as Resolution 542-15 and 543-15 and the files are attached to this blog post.

You can see a video of the proceedings at this site:

http://nassaucountyny.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1610&Format=Agenda 

The Association's public comment starts at 05:01:00 and lasts for about 5 minutes.

The vote of the Legislature starts at approximately 07:23:00.

The logistics of the refunds have not yet been announced.  We will post that information here as soon as possible.

Earlier today, we spoke with Nassau County Clerk O'Connell, who was a very vocal opponent to these fee increases.  The Clerk's Office has provided the following information:

-          There is a grace period for the new fee.  All documents presented for recording prior to 9 am January 4, 2016 will be subject to the current block fee ($150).

-          This means the last day to present instruments for recording in person for the current fee ($150) will be December 31, 2015 as Friday January 1, 2016 is a County holiday.

-          Please ensure all documents presented by your on-site recorders have been thoroughly reviewed for recordability.

-          Documents presented prior to the end of the grace period (1/4/16) that are rejected and resubmitted after January 4, 2016 will be subject to the new block fee ($300) regardless of when the document was initially presented.

On a personal note, I want to say that I had to sit in the Legislature's Chamber for six hours to have my three minutes to speak. NYSLTA Member and Nassau County Legislator Howard Kopel has been on the right side of this issue from the start and we are grateful for all his help. I appreciate the company of NYSLTA President Marianne Mathieu, who provided the moral support this endeavor required.  Also, I enjoyed the company of NYSLTA Members Sal Turano and Ted Werner.

The material benefits of this resolution, as measured in dollars is modest. The meaning of the accomplishment is much more important. The title industry spoke with one voice and we were heard.  The unsung helpers at Title Action Network, as well as Paul Larrabee and Scott Wexler made immeasurable contributions.

If you are an NYSLTA Member, you should be proud of your profession and the vital role you play in the functioning of the real estate economy.

If you are not an NYSLTA Member - do a little soul searching. Then  scroll to the top of this page and join.

The recent disruption in Mineola notwithstanding, the NYSLTA has enjoyed a long and fruitful working relationship with the County Clerks of NY State.  The title insurance industry is among the greatest users of the land records system, by volume, and title people play a key role in the ongoing "perfection" of the records.

I am pleased to report that the Office of the Nassau County Clerk has committed to regular meetings with NYSLTA's Land Records Committee. We are confident this will allow us to better inform the Members on the optimal use of the Clerk's facility and enable us to resolve issues as they arise.

If you click this link to the Land Records Update  you will see an announcement from the Suffolk County Clerk about upcoming fee changes.

Last week we re-distributed an announcement from the Albany County Clerk on their land records system conversion.  Rockland County's Clerk sends us announcements regularly, which we share with the Membership via email blasts, this news blog and committee updates.

It takes such small effort to achieve great results.

 Have you hugged a county clerk today? 

Nassau County Clerk’s Office:  System Update – Three (3) Weeks Since “System Upgrade”

1.       On any given day there are up to 100 searchers (examiners) using the Nassau County Clerk’s Office. Most are in the basement where the majority of the searching takes place. 

2.       There are 17 computer terminals available in the basement for one (1) hour use only. These 17 terminals are on the ”New System” (by Xerox) which contains data from January 1, 1992 to June 30, 2015.

3.       Searchers must sign in to get a place in line for the next available terminal.  Clerks monitor the terminal time use and move people out when their 1 hour expires.

4.       Printing requests go to a queue where the clerk must print and paperclip everything. The clerk has run out of paper and then has to place a service call for a paper delivery delaying everyone.

5.       Documents are missing from the new system (for example 2007, 2013) and more are being discovered.  When recorded documents are identified as missing, the clerks are notified and they in turn will have the I.T. staff search the old system for them and transfer copies to the new system.

6.       There are two (2) terminals (called A & B) available for use in the basement that access the “Old System”.  They can only be used by an examiner for one half (½) hour.  The effective date for that data system is currently 10/1/2015. 

7.       There are another two (2) terminals  working on the “Old System” upstairs on the first floor.  They have a 15 minute time limit.

8.       As of 10/20/2015 there is no word on when the “New Online System” will be ready for use.  No one has seen it yet, nor do they know the costs surrounding its use.

9.       The clerk is placing blame for the problem on the county manager for not allowing greater spending on a new system (rumored to be $30K).  The county manager is blaming the clerk and Xerox for all the delays.

10.   The old “Examiner Room” is now full of disconnected terminals that are no longer being used.

11.   “It is What It Is” so searchers/Examiners are all on a level playing field, albeit challenging and wrought with pitfalls.  Each must manages the back and forth between new and old systems, scheduling terminal time, all while negotiating the print queue and waiting, waiting, waiting.

12.   E-recordings are up and working and I believe people can also  walk on papers if necessary (although it is frowned upon).

The problems continue with the County Clerk's computer system in Nassau County.

The uncertainty and disruption during this change-over has not always brought out the best in any of us.

I have no doubt that this situation was not what County Clerk O'Connell or her staff ever wanted.

There will be days when progress is two steps forward and one step back - get used to it. That is the 21st Century world of software enabled commerce.

We will continue to monitor and report on this situation as it resolves and we look forward to improved channels of communication with Clerk O'Connell on a regular basis.

Members are encouraged to comment and non-members may email comment to me for review and posting.

Here is what you will not find in Nassau County this morning:

• Lis pendens are not indexed in the new system
• All three major eRecording companies are no longer accepting documents for Nassau County
• You won't find a County Clerk (or her staff)

I called the Clerk a few minutes ago. Understandably she and her entire staff are in a meeting. One hopes they are working to address these issues.

Members have called to say additional computers have been connect to the old system and there are computers running both systems to enable checking the completeness of the recorded data.

The eRecordng companies say they will resume eRecording in Nassau AFTER they have completed their independent testing of the system integrity.

It would be wrong to say Clerk O'Connell and her staff are doing nothing.  I cannot believe they are happy about this and I am certain they want things fixed and running smoothly.

In my message, I requested additional staff be put on to accept walk-in recordings and I urged them to communicate the status on a regular basis.  That would help diminish the fear and concern borne of uncertainty.

To Members - please note the Title Section is meeting to consider remedies.  I will report on the progress of that initiative as best as I am able.

Members can add comments. Non-members can email comments for posting to rgt@nyslta.org AND rcapone@nyslta.org.