Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
Under California law, verifying all individuals with an interest in real property involves two key tasks: identifying record owners and confirming their authority to sign or transfer title. This requires collecting proof of identity and supporting documentation tailored to each type of owner.
1. Individual Owners
- Government-Issued Photo ID: Valid driver’s license or passport.
- Marital Status Records: For community property, a marriage certificate or spouse’s joinder, per California Family Code § 1100 link.
2. Trusts
- Certificate of Trust: Under Probate Code § 18100 link to confirm the trust and trustee’s authority without revealing full trust terms.
- Trustee’s Photo ID: Government-issued ID and signed acknowledgment.
3. Corporations and LLCs
- Organizational Documents: Articles of Incorporation or Organization filed with the Secretary of State.
- Corporate or LLC Resolution: Board resolution authorizing the transaction.
- Officer’s Photo ID: Government-issued ID and notarized signature per Civil Code § 1189 link.
4. Partnerships
- Partnership Agreement: General partnership agreement or certificate of limited partnership.
- Consent Documentation: Written consent or resolution from all general partners.
5. Deceased Owners
- Death Certificate: Certified copy of the decedent’s death certificate.
- Letters Testamentary or Administration: Under Probate Code § 1000 link to verify personal representative authority.
6. Minors and Guardianships
- Guardianship Order: Court order appointing a guardian or conservator.
- Guardian’s Photo ID: Government-issued ID and certified court documents.
Helpful Hints
- Order a preliminary title report early to identify all recorded interests and potential defects.
- Request certified copies of key documents (e.g., marriage certificates, death certificates).
- Ensure all signatures are notarized and acknowledgments comply with Civil Code § 1189 (link).
- Check county recorder indexing standards under Government Code § 27361.1 (link).
- When in doubt, consult a real estate attorney to resolve title or chain-of-title issues.