Disclaimer: This information is educational only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
Under Michigan law, verifying every person or entity with an interest in real property requires gathering both personal identification and title documentation. The process ensures a clear chain of title and confirms that all owners, lienholders, trustees or other parties with legal claims are properly accounted for.
1. Personal and Entity Identification
- Individuals: Government-issued photo ID (driver’s license or passport). If married, a certified marriage certificate confirms spousal interest. For divorced or deceased owners, a final divorce decree or death certificate is required.
- Trusts: A certified copy of the trust agreement and any amendments, plus documentation naming current trustees and beneficiaries (see MCL 700.3705).
- Corporations and LLCs: A certificate of good standing or existence from the Michigan Department of Licensing and Regulatory Affairs and certified articles of incorporation or organization. A corporate resolution or LLC operating agreement authorizing the real estate transaction is also necessary (see MCL 450.2104).
- Guardianships or Conservatorships: Court-issued letters of authority confirming the guardian or conservator’s power to transfer or encumber the property.
2. Title and Property Records
- Recorded Deeds: Obtain certified copies of all prior deeds from the county register of deeds to establish the chain of title. Michigan’s Recording Act requires that all conveyances be recorded to provide constructive notice to the public (MCL 565.1).
- Mortgage and Lien Records: Search for existing mortgages, judgments or tax liens. Certified copies of mortgage instruments and lien releases clarify encumbrances.
- Easements and Rights-of-Way: Recorded easement agreements, utility or access rights and maintenance agreements.
- Acknowledgments and Notarization: All deeds and conveyance documents must be properly signed and acknowledged before a Michigan notary public (MCL 565.29).
3. Due Diligence and Title Search
Work with a title company or abstractor to perform a full title search in the county where the property is located. The search report will list all recorded interests—owners, mortgagees, lienholders, easement holders and any pending actions that may affect title.
Helpful Hints
- Start with a certified title commitment to identify all parties of record.
- Verify the legal description matches the deed and recent survey.
- Check municipal records for code compliance liens or special assessments.
- Request updated payoff statements from mortgagees to confirm balances.
- Obtain clear copies of all trust, corporate or guardianship documents.
- Review probate court filings if property was inherited.