Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When verifying all individuals and entities with an interest in Minnesota real property, you must gather documentation that confirms identity, authority to transact, and any changes in status. Below are the primary categories of information and the typical documents you should obtain:
1. Identification of Natural Persons
- Government-Issued Photo Identification: A current driver’s license, state ID card, or passport to confirm legal name and date of birth. See Minn. Stat. § 507.02 (Signature; effect of defective execution) regarding name consistency on conveyance instruments.
- Social Security Number: Often collected for closing and tax reporting, though not recorded in the chain of title.
2. Authority to Convey or Encumber
- Deed or Conveyance Instrument: A copy of the existing deed showing how title is held and by whom. Must include acknowledgments per Minn. Stat. § 507.09 (Acknowledgments).
- Power of Attorney: If someone is signing on behalf of an owner, produce a certified power of attorney that grants conveyance authority and is recorded or acknowledged.
3. Entity and Fiduciary Interests
- Corporations: Articles of incorporation and a certified corporate resolution authorizing the property transaction. See Minn. Stat. § 302A.727 (Unsigned written instrument).
- Limited Liability Companies: Operating agreement and a resolution or certificate from the manager or members authorizing the transaction. See Minn. Stat. § 317A.255 (Signing authority).
- Trusts: The trust declaration (or a certificate of trust) identifying the trustee(s) and their powers under the trust. See Minn. Stat. § 501C.0101 (Definitions).
4. Changes in Status Affecting Title
- Marriage or Name Change: Marriage certificates or court orders confirming legal name changes.
- Death of an Owner: Death certificates and probate or affidavit of heirship under Minn. Stat. § 525.491 (Death certificate; recording) and probate procedures per Minn. Stat. § 524.3-805 (Duties of personal representative).
Helpful Hints
- Always compare names and dates on all documents for consistency.
- Check the county recorder’s online portal for existing recorded instruments.
- Request certified copies of corporate or trust resolutions.
- Keep digital and hard-copy records of every document you collect.
- Consult a title company or real estate attorney if conflicting information arises.