Detailed Answer
Verifying every individual with an interest in real property in Iowa begins with a comprehensive title search and gathering the proper documentation. Below is an overview of the key steps and requirements under Iowa law.
1. Title Search and Chain of Title
Visit the County Recorder’s Office to trace the chain of title back to the root conveyance. Identify all current owners, lienholders, easements and other encumbrances. A complete search typically includes:
- Deeds, mortgages and releases
- Lis pendens and judgment liens
- Tax liens and special assessments
2. Required Documentation for Individuals
- Recorded Deed: Must name the grantor and grantee accurately.
- Acknowledgment: Every conveyance instrument must be acknowledged by the grantor before an authorized official (Iowa Code §558.16).
- Government-Issued ID: Driver’s license or passport to confirm identity.
- Marital Status Documentation: Marriage certificate or spousal consent form, if applicable to avoid challenges under Iowa’s homestead laws.
- Death Certificate or Probate Order: For deceased owners, attach a certified death certificate and letters testamentary or administration.
- Divorce Decree/Name Change Order: If names have changed since the last recorded conveyance.
3. Required Documentation for Entities and Fiduciaries
- Corporations: Certificate of good standing and a corporate resolution or incumbency certificate (Iowa Code §558.29).
- Trustees/Executors: Letters testamentary or letters of administration, acknowledged under Iowa Code §558.27.
- Guardians/Conservators: Court appointment order and any power of attorney, with proper acknowledgment per Iowa Code §558.30.
4. Recording Requirements
All original instruments must comply with form and acknowledgment requirements under Iowa Code Chapter 558 before recording at the County Recorder’s Office. Ensure margins, indexing information and recording fees meet local county standards.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your circumstances.
Helpful Hints
- Verify name spellings and signatures against government-issued IDs.
- Obtain certified copies of death certificates and probate letters promptly.
- Check for outstanding judgments, tax liens or mechanic’s liens.
- Confirm corporate status online via the Iowa Secretary of State’s website.
- Maintain a clear spreadsheet tracking each document and its recording information.
- Consult county recorder checklists to avoid additional recording fees.