Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Delaware law, verifying all individuals with an interest in real property means identifying everyone who holds legal or equitable rights, including current and prior titleholders, lienholders, trustees and beneficiaries. The following components work together to ensure a complete picture:
1. Full Legal Names and Identifiers
- Full legal name, including any aliases or maiden names
- Current mailing address
- Date of birth (for individuals) or date of formation/incorporation (for entities)
- Government-issued photo ID for individuals (e.g., driver’s license, passport)
2. Recorded Instruments
Search the County Recorder’s or Recorder of Deeds office for these critical documents:
- Deeds, mortgages and releases as mandated by 25 Del. C. § 503 (Del. Code Ann. tit. 25, § 503)
- Lis pendens and mechanics’ liens
- Court orders affecting title (probate orders, divorce decrees, guardianship orders)
3. Entity and Trust Documentation
- Corporations: Certificate of Incorporation and Certificate of Good Standing (Del. Code Ann. tit. 8, §§ 101–105; cert. of good standing under tit. 8, § 333)
- Limited Liability Companies (LLCs): Certificate of Formation and Operating Agreement (Del. Code Ann. tit. 6, § 18-201)
- Trusts: Trust Agreement and Trustee Certification showing beneficiaries
- Estates: Letters Testamentary or Letters of Administration
4. Title Insurance and Title Commitments
A title commitment compiles all required details—names, documents and exceptions. It flags missing instruments and unresolved liens before closing.
Helpful Hints
- Begin with a comprehensive title search to trace the full chain of title.
- Obtain certified or exemplified copies for court-issued documents.
- Verify corporate and LLC status via the Delaware Division of Corporations (corp.delaware.gov).
- Check statewide lien and judgment indexes through the Delaware Courts Public Access system.
- Organize documents by date and type to streamline review and future audits.