Detailed Answer
Verifying every individual with an interest in Nebraska real property starts with a thorough title search and careful review of public records. Nebraska’s recording statutes establish a clear process for identifying owners, lienholders, trustees and other parties. Under Neb. Rev. Stat. § 76-204, any deed, mortgage or lien must be recorded in the county where the land lies to give notice to the world (https://nebraskalegislature.gov/laws/statutes.php?statute=76-204). Neb. Rev. Stat. § 76-2301 requires the county register of deeds to index recorded instruments by grantor, grantee and parcel (https://nebraskalegislature.gov/laws/statutes.php?statute=76-2301).
1. Conduct a Title Search
Begin by searching grantor/grantee indexes at the county register of deeds. Pull copies of all recorded deeds, mortgages, easements and liens. Review the chain of title back to the root grant to catch any hidden interests.
2. Examine Deeds and Conveyances
Carefully review each deed. Note how individuals hold title: as tenants in common, joint tenants or tenants by entirety. Check for property transfers to trusts, corporations or partnerships, then obtain governing documents.
3. Review Mortgage and Lien Records
Mortgages, judgment liens and tax liens all appear in the county records. Identify each lienholder and confirm the status of each lien—whether released or still in force.
4. Check Probate and Court Files
If any owner is deceased, search probate court files for wills or letters testamentary. Neb. Rev. Stat. § 30-2201 et seq. governs probate procedures. This step ensures you identify heirs or personal representatives with an interest.
5. Request Corporate and Trust Documents
For property held by a corporation, limited liability company or trust, order certified copies of Articles of Incorporation, Operating Agreements or Trust Instruments from the Nebraska Secretary of State (https://sos.nebraska.gov/business-services) or the trustee.
6. Confirm Identity with Government-Issued IDs
When dealing directly with individuals, request a valid driver’s license, state ID or passport. For entities, verify through a certified resolution or power of attorney. The Uniform Power of Attorney Act (Neb. Rev. Stat. § 30-2601 et seq.) outlines requirements for a valid power of attorney.
7. Obtain Title Insurance Commitment
Order a title insurance commitment from a licensed Nebraska title insurer. Insurers conduct their own searches and issue exceptions listing all parties with recorded interests.
Helpful Hints
- Always search records in the county where the property sits.
- Trace each title transfer back at least 30 years to avoid hidden defects.
- Use certified document copies to avoid transcription errors.
- Check for unrecorded interests, such as leases or easements, by contacting tenants and neighbors.
- Update all contact information for individuals and entities in your file.
- Consult a licensed title professional if you find conflicting or missing records.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney.