Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in North Dakota for guidance on your specific situation.
Detailed Answer
When verifying all individuals with an interest in North Dakota real property, title professionals and parties to the transaction typically gather the following information and documentation:
1. Chain of Title Documents
- Recorded Deeds and Conveyances: Copies of all deeds (warranty deeds, quitclaim deeds) showing how title passed over time. These are recorded in the county recorder’s office.
- Mortgages and Liens: Instruments creating security interests, tax liens, judgments or other encumbrances.
- Probate File or Affidavit of Death: If an owner is deceased, certified copies of death certificates plus letters testamentary or letters of administration. For non-probate transfers (transfer-on-death deeds), see NDCC § 47-19.1.
2. Identity and Capacity of Individuals
- Government-Issued Photo ID: Valid driver’s license or passport for each individual.
- Social Security Number: Often collected for tax reporting (Form 1099-S) but not recorded publicly.
- Marital Status Documentation: Marriage certificates or divorce decrees. Under NDCC § 47-16-03, a spouse must join in certain conveyances of homestead property.
3. Authority of Agents and Fiduciaries
- Power of Attorney: A recorded durable power of attorney must conform to North Dakota law and may require an acknowledgment (see NDCC § 47-17-04 for notarial form).
- Corporate and Trust Entities:
- Certificate of Good Standing or Certificate of Authority.
- Corporate resolution or trust certification showing the name of the authorized signatory.
4. Special Circumstances
- Guardianships and Conservatorships: Court orders appointing a guardian or conservator, with clear powers to convey real estate.
- Bankruptcy: A bankruptcy discharge or reopening order when an interest-holder has been in bankruptcy.
- Leasehold or Mineral Interests: Copies of leases and royalty assignments if those interests affect title.
Gathering these documents helps ensure that every person or entity with an ownership, lien, or other interest is properly identified, that their rights are respected, and that the new owner receives marketable title.
Helpful Hints
- Start with a title search at the county recorder’s office to pull all recorded instruments affecting the property.
- Request certified copies of probate and court documents when ownership transfers via death or guardianship.
- Verify signatory authority for corporations and trusts by obtaining certified organizational documents and resolutions.
- Confirm spouse consent or joinder for homestead conveyances as required under NDCC § 47-16-03.
- Use a reputable title insurance company to underwrite the transaction and issue a title commitment covering any defects you discover.