Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Rhode Island law, verifying every person or entity with an interest in real property involves a thorough review of the chain of title and supporting documentation. You must identify all current owners, potential remaindermen, life tenants, lienholders, mortgagees, trustees, and any other parties who hold a recorded interest.
1. Identifying Record Owners and Encumbrances
• Conduct a title search at the municipal Land Evidence Records to trace the chain of title back to a root source.
• Note any recorded easements, mortgages, liens, judgments, or notices of attachment.
2. Documentation for Natural Persons
- Certified copy of the recorded deed conveying the interest.
- Valid, government-issued photo identification (e.g., Rhode Island driver’s license or U.S. passport). See R.I. Gen. Laws § 34-7.1-3 (acknowledgment requirements).
- If married, a marriage certificate or spousal consent document when required by R.I. Gen. Laws § 34-7.1-2 (execution by married persons).
- If the grantor is deceased: certified death certificate and letters testamentary or of administration.
3. Documentation for Business Entities
- Certificate of good standing or certificate of status from the Rhode Island Secretary of State. See R.I. Gen. Laws § 7-1.2-1302.
- Certified articles of incorporation, organization, or partnership agreement.
- Corporate resolution or other authorization approving the conveyance or encumbrance.
4. Documentation for Trusts
- Certification of trust or excerpt of the trust instrument showing the trust name, date, and trustee powers. See R.I. Gen. Laws § 18-13-5.1 (Uniform Trust Code).
- Evidence of the trustee’s identity and authorization, such as a government-issued ID and trustee certificate.
5. Additional Considerations
- If a guardian or conservator holds an interest: letters of guardianship or conservatorship and a court order authorizing the transaction.
- Discharge or release documents for any existing mortgage or lien.
- Title insurance commitment showing all parties with recorded interests and any exceptions.
Helpful Hints
- Obtain originals or certified copies to avoid disputes.
- Cross-check names and signatures against government-issued IDs.
- Review municipal recording requirements for margins, acknowledgments, and notarizations.
- Watch for homestead rights under R.I. Gen. Laws § 34-18-1 et seq.
- Consider a professional title search or title insurance to uncover hidden liens or interests.