Odyssey Pilots in Wake, Johnston, Harnett & Lee Counties: A Real Property Perspective
By Those who practice in Wake, Johnston, Harnett and Lee counties have already begun to experience what it is like to perform a search in the Odyssey Portal system. It is sad to report that the AOC legacy system VCAP has more robust searching logic than the new Odyssey system.
AOC is aware of the problems with the search functionality. See attached Notes from the February 27, 2023 AOC Meeting. The notes lay out many of the reported examples regarding problems with the searching features. The four counties are called “Pilot” counties because the kinks in the system are being worked out before the system rolls out. AOC is actively working with Tyler Technologies to strengthen and change the search logic based on reported issues.
There is no clear timetable as to when the better-performing features will be developed and implemented. Changes and updates are happening in response to known issues without announcement as this system is a work in progress. For those using the current iteration of the Pilot Odyssey system, some of the known pitfalls and tricks are laid out herein and in the attached notes from the AOC meeting. As new features become available, the Real Property Section will continue to send out the pertinent information.
NCLTA has approved the attached NCLTA Indemnity as last revised on March 7, 2023, to be used in counties during the “migration” of VCAP to the Odyssey system. Notice that the definition of migration has been expanded to cover issues of searchability that are still occurring after the data transfer from the legacy system VCAP into Odyssey due to the search logic functionality issues. This NCLTA form should be used as a tool with transactions occurring in the Pilot counties during this time as the Odyssey system continues to be tweaked for better functionality.
Indexing of a judgment shows up in Judgment Search on the Odyssey Portal:
One huge problem to be aware of is at this time, claims of lien and lis pendens are not labeled as claims of lien and lis pendens in the Judgment Search feature of Odyssey. Tyler Technologies created a pool of matters called “Default Conversion,” where Tyler did not know the status of the matter and did not classify the matter as anything other than a “Civil Judgment.” Therefore, when currently searching in the Judgment Search feature, claims of lien and lis pendens will show up labeled as M files and say status “Default Conversion” under category “Civil Judgement.” A user will have to pay close attention to realize what they are reviewing. Users will need to open more case files at this time to determine if a matter classified as an M file with “Default Conversion” is a claim of lien or lis pendens or something else. Users cannot hyperlink to the case file in Smart Search from the Judgment Search feature. One has to take the file number from Judgment Search to plug into Smart Search to pull up the case to review the filings. The example below is a CLAIM OF LIEN, but you cannot tell by seeing it in the Judgment Search.
A user should take the case file number 22M004341-910 and enter that file number into Smart Search to get the case information as follows:
This M file has multiple party defendants. The system picks up the entry of the claim of lien four times because it is against four named defendants. The Dispositions part of the case file screen reflects that the four defendants bonded off the claim of lien on December 1, 2022.
AOC is aware that Claims of Lien and Lis Pendens are not labeled and that these matters need to be separated and labeled correctly in the Judgment Search component of the system. This is on the running list of functional changes that are needed. It is a huge pitfall for real property practitioners at this point.
The Odyssey Portal has two searching components that real estate practitioners will be using. Smart Search and Judgment Search. Smart Search currently allows the use of a Wildcard (Wildcard = using *) feature to aid in searching. Judgment Search does not have Wildcard * available yet as a searching feature. In Smart Search the more reliable result information appears when the Wildcard is employed. Even if you have the full name to search in Smart Search, the user may want to search with and without the * to see how the results differ.
Entity names are difficult to find in Smart Search and in Judgment Search. You would think that with the Wildcard feature in Smart Search that it would be easier; however, it is a challenge because the system does not recognize certain characters (i.e., “&” or a space) that are frequently used in corporate names.
Smart Search can only return 200 results at a time. Be sure to use Advance Filtering features when searching in Smart Search or Judgment Search. AOC is aware that additional filtering would be helpful for real estate related searches.
A new Advance Filter that was just added to Smart Search allows a user to filter out Criminal Matters. Under Smart Search click on “Advance Filtering Options”
Then pick the county or counties. Next go to “Filter by Search Type” and select the drop down to select “Party Name” then scroll down to “Case Search Criteria” at the bottom of the filtering and select “All Civil, Family, and Probate Public Case Types” to filter out criminal cases from your search.
Another big issue is that Judgment Search should allow a user to bring up every judgment for a named individual or entity. A problem is that the searching logic will only find the name of the individual or entity if entered exactly how it was indexed. Without a Wildcard * feature, this makes searching for almost any entity difficult. Company names that have spaces or different connectors are hard to find. Connectors are not always found in the system like “&” or spaces which are often in entity names.
The system comes up with differing results when just searching a last name in either Smart Search or Judgment Search. The system seems to provide more consistent results in Smart Search when one enters last name, first* or at least part of the first name. It is strange that the system will pull results in Smart Search if one just enters the last name “Smith” no comma no additional information, but if one just enters an unusual name like “Weikert” or “Nordquist,” no results will pull without a comma then part of the first name and *.
A current work-around if you are searching an uncommon name is to use VCAP to search “All” counties to be able to search the name up to the migration date in VCAP, and then narrow the scope of what you are using the Odyssey Portal to only search migration date to current in the Portal. This work-around will be needed until AOC and Tyler Technologies can fix some of the searching logic.
Judgment Search by default shows active judgments and when the judgment was indexed. To include all judgments to not miss divorce judgments and claims of lien, click the box to include inactive and satisfied judgments. The default really should be the other way for real property practitioners. AOC is working on this issue. For now, be sure to always click the button.
To see any documents in the case file that has a judgment, one must use the case file number or a name search in Smart Search to pull the case to view documents.
Reliable judgment payoffs cannot be obtained from the Odyssey system. Odyssey does not have the capability to compute per diem. For now, judgment payoffs must be obtained from the Clerk’s office. This functionality may be upgraded in the future. AOC states in the Portal FAQs:
Portal NC JUDGMENT SEARCH references the amounts and totals owed based on the original Judgment date. Please contact your county Clerk of Court for the current amounts and totals owed. The Payoff Date and Current Payoff Amount updates in SMART SEARCH once the county Clerk of Court updates to the current date in Odyssey.
The Transcript Key is an important tool to help find transcribed judgments. You will want to look at the tutorial on the eCourts website to understand how to take advantage of the Transcript Key.
Indexing Standards for Odyssey are available on the eCourts website under the Portal information.
Odyssey Portal pulls results based on how the information was keyed into the system at the time of indexing. Odyssey indexing of cases will include punctuation where VCAP historical data did not include punctuation in names. For this reason, search with and without punctuation.
Yes, everything is clear as mud right now without robust search logic in the new system. One positive is that we do not yet have a confirmed example of a legacy VCAP data entry that did not migrate over to Odyssey system. The problem is that the data cannot always be found through the search mechanism available.
AOC and Tyler Technologies, in creating the Odyssey eFile Court System, are combining some 14 plus different types of court functions. We all will ultimately benefit from a system that is more up to date with current technology. Realize that AOC is listening to the issues and concerns of the Real Property Section. The work is being put into the system now to improve these flaws discussed herein and in the notes from the February 27th, 2023, AOC meeting.
Please report the issues that you find with the system to [email protected]. The eCourts website has tutorials for how to use the Odyssey Portal for searching that are updated regularly.
We all want a functional eCourts system. North Carolina has needed it for years. We must live through the growing pains of the transition as the kinks are worked out in this new one-of-a-kind Odyssey system. Take a deep breath. Things may take a little longer for a while before the efficiencies improve. You may do some actions “old school,” like checking a temporary basket which may be an electronic basket with the Clerk. Call your title insurance representative to talk through the problems you have with title examination in the meantime, and use the NCLTA Indemnity Affidavit as a tool to help.
Please join the NCBA Real Property Section on April 12, 2023, at noon for Return to the Vault Series titled “VCAP to Odyssey: What We Know” to hear more.
Elizabeth Harrison is Raleigh Branch Manager/Title Counsel at Attorney Title Holdings, Incorporated.