Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Alabama for guidance tailored to your situation.
When you’re preparing to close or insure title on real property in Alabama, you must identify every person or entity with a potential ownership or lien interest. Proper verification reduces risk of future title disputes. Below is an overview of the information and documentation typically required:
1. Identification of Natural Persons
- Full legal name as shown on government-issued ID (driver’s license, state ID, or passport).
- Current residential address to confirm mailing addresses.
- Date of birth and Social Security Number (or Tax ID) for tax reporting and lien searches.
- Proof of identity via a certified copy of a driver’s license or passport; notarization is often required for deeds and affidavits.
- Marital status documentation—marriage certificate, divorce decree, or spousal affidavit—to confirm any community-property or elective-share rights.
2. Documentation of Transfers and Deaths
- Certified copy of the recorded deed showing the chain of title back at least 40 years (or as required by your title insurer).
- Death certificates when a prior owner has passed; required to determine whether title passed by will or intestacy.
- Probate records such as Letters Testamentary or Letters of Administration under Ala. Code § 43-2-30 to confirm personal representatives’ authority.
- Affidavit of Heirship (for intestate transfers) sworn and notarized, listing heirs and their relationships.
3. Entity and Trust Verification
- Business entities: Articles of Incorporation, Articles of Organization, or partnership agreements; current Certificate of Existence or Good Standing from the Alabama Secretary of State.
- Trusts: Copy of the governing trust instrument identifying trustees, grantors, and beneficiaries; any amendments or restatements.
- Authorized signatories: Corporate resolutions or trust certificates authorizing individuals to sign on behalf of the entity or trust.
4. Liens, Judgments, and Encumbrances
Conduct a thorough title search in the probate and circuit court records of the county where the property is located. Obtain certified copies of:
- Mortgages and deeds of trust.
- Judgments, tax liens, and mechanic’s liens.
- Easements, restrictive covenants, or rights-of-way.
Pursuant to Ala. Code § 35-4-50, all conveyances affecting real property must be recorded in the county probate office where the land lies to be enforceable against third parties. See Ala. Code § 35-4-50.
Helpful Hints
- Start your search in the county probate office and circuit court clerk’s office where the property is located.
- Use certified copies of all documents rather than photocopies—courts and title insurers often require originals.
- If previous owners died without probate, obtain an affidavit of small estate under Ala. Code § 43-2B-401 et seq.
- For out-of-state or foreign entities, confirm they’re registered and in good standing with the Alabama Secretary of State.
- Consider purchasing title insurance early in the process to uncover hidden defects or missing heirs.