Detailed Answer
When verifying all individuals with an interest in real property in Montana, you must identify each owner, lienholder, trustee or other party with a claim. The process combines a title search with identity verification and review of legal documents. Follow these steps to ensure full compliance with Montana law.
1. Identify the Type of Interest
Begin by determining what kind of interest each person or entity holds. Common interests include:
- Fee simple ownership
- Deeds of trust or mortgages
- Leases or life estates
- Trust or fiduciary interests
- Judgments or liens
2. Verify Personal and Entity Identities
For each individual or entity, collect:
- Full legal name as shown on government records
- Government-issued photo ID (driver’s license, passport) to confirm identity
- Social Security number or Tax ID for reporting and closing requirements
- Current mailing address and contact information
- Certificate of good standing for corporations or LLCs from the Montana Secretary of State
3. Obtain Required Documentation
Ask each party to provide signed and notarized copies of all documents that create or transfer their interest. These typically include:
- Recorded deeds or deed extracts from the county clerk and recorder
- Mortgage or deed of trust instruments
- Certified copies of trust agreements and any amendments
- Corporate resolutions, articles of incorporation or organization, and bylaws or operating agreements
- Letters of appointment for executors, administrators or guardians from probate court
- Powers of attorney or trustee appointment documents, properly notarized
- Death certificates if any interest holder is deceased, to confirm succession
Under Montana law, instruments affecting title must be recorded in the office of the county clerk and recorder. See Mont. Code Ann. § 70-22-103 (recordable instruments) and Mont. Code Ann. § 70-22-107 (recording functions).
Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a licensed Montana attorney to address your specific situation.
Helpful Hints
- Order a title commitment early to reveal unidentified parties or liens.
- Use certified document copies to avoid discrepancies in names or dates.
- Verify notary acknowledgments comply with Montana notary statutes.
- Confirm all corporate documents are current and filed with the Secretary of State.
- Keep digital and hard copies of every document for your closing file.
- Consult an attorney when you encounter unusual interests, such as mineral rights or easements.