By: Mary Gallimore Walker, Attorney Section Representative

We have recently received several thoughtful questions through the Enterprise Justice (Odyssey) Support email about the continued use of the Affidavit of Understanding and Indemnity and Hold Harmless Agreement Regarding Computer Data Migration (VCAP to E-Courts Odyssey Portal), commonly referred to as the Enterprise Justice (Odyssey) Affidavit and Indemnity.

We appreciate these questions. They reflect exactly the kind of careful consideration attorneys and title professionals should give to the tools and procedures used in the closing process. Because others may be asking the same questions, we wanted to share some additional context.

Now that Enterprise Justice has been implemented statewide, is the separate Enterprise Justice Affidavit and Indemnity still necessary?

Yes. Although the statewide rollout is complete, the concerns that led to the creation of the affidavit have not disappeared.

Attorneys and title professionals continue to encounter inconsistencies and limitations that can make it difficult to determine with certainty whether a search has identified every judgment, lien, special proceeding, estate, or other matter that may affect the parties or the property.

NCLTA and the NCBA Real Property Section continue to communicate these concerns and advocate for improvements that will make the system more consistent, complete, and reliable.

What additional protection does the Enterprise Justice Affidavit and Indemnity provide beyond a standard lien affidavit?

The Enterprise Justice Affidavit and Indemnity is intended to provide an additional layer of protection for the closing attorney and the buyer in light of the particular limitations associated with searching Enterprise Justice.

Importantly, it also helps to communicate to the parties that the limitations of Enterprise Justice may prevent the closing attorney from providing the same level of assurance that would ordinarily result from a complete and reliable search of the public records.

Standard lien affidavits generally address a more limited set of matters and do not fully account for the specific search concerns associated with Enterprise Justice. For that reason, continued use of the separate Enterprise Justice Affidavit and Indemnity is recommended.

Is there a plan to discontinue the affidavit after a certain period of time?

There is currently no specific plan or date for discontinuing use of the Enterprise Justice Affidavit and Indemnity.

NCLTA, in partnership with the NCBA Real Property Section, is, however, working on a more comprehensive affidavit and indemnity that would address Enterprise Justice-related concerns along with a number of other title-related matters.

That form remains a work in progress, but the goal is to develop a more consolidated and practical document that promotes efficiency in the closing process while providing appropriate protection and greater clarity for the parties.

Enterprise Justice (Odyssey) Resources

NCLTA maintains a dedicated Enterprise Justice (Odyssey) Support section on its website. Available resources include the Enterprise Justice (Odyssey) Affidavit and Indemnity, suggested search practices, practical search tips, and links to North Carolina Judicial Branch eCourts training materials.

Attorneys and title professionals may also submit questions to the Enterprise Justice (Odyssey) Support Team at odysseynclta@gmail.com.

When submitting a question, please include as much information as possible, including:

• the county being searched;
• the search terms and filters used;
• relevant screenshots; and
• whether the matter is time sensitive.

The Support Team consists of volunteer attorneys and paralegals with practical experience searching and working within Enterprise Justice. We appreciate the questions that have been submitted and encourage attorneys and title professionals to continue sharing issues they encounter.