Detailed Answer
Under Arizona law, you must gather clear identity data and supporting documents for every person or entity holding a current or potential stake in real property. This process helps confirm legal authority to convey, encumber, or manage the property.
1. Identity Verification
- Full legal name: Include all aliases, prior names and suffixes.
- Current mailing address: Verified via recent utility bills or bank statements.
- Government-issued photo ID: Driver’s license, state ID, or passport.
- Social Security Number or ITIN: Often required by title companies for underwriting.
2. Documenting Individual Interests
- Deeds and title instruments: Provide recorded deeds, affidavits or declarations showing ownership or encumbrances.
- Death certificate: Required when title holders are deceased to clear title.
- Birth certificate or guardianship papers: For minors or incapacitated persons acting through a guardian.
- Letters testamentary or administration: If an estate’s personal representative is involved.
- Power of attorney: Must comply with A.R.S. §14-5506 (POA for real estate).
3. Verifying Entity Authority
- Corporations: Certified articles of incorporation, current certificate of good standing, and board resolution authorizing sale (A.R.S. §10-1209).
- Limited liability companies: Articles of organization, operating agreement, and member or manager resolution (A.R.S. §29-602).
- Partnerships and trusts: Partnership agreement or certified trust document and certificate of trust.
4. Title Search and Public Records
- Obtain a current title report or title commitment to identify liens, easements, judgments, and mortgage interests.
- Review county recorder’s records for unrecorded affidavits or pending litigation affecting title.
- Secure lien releases and payoff statements for outstanding encumbrances.
Helpful Hints
- Start early: Some entity certificates can take weeks to issue.
- Use certified copies for all official documents.
- Keep originals for closing; lenders and title companies will need to review them.
- Confirm spellings and sign dates match recorded documents exactly.
- Engage a qualified title company or real estate attorney for complex ownership structures.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.