Detailed Answer
Verifying every individual with an interest in New York real property requires a systematic title search and collection of supporting documents. You must identify all fee owners, lienholders, trustees, fiduciaries and other parties with recorded or unrecorded interests. Below is a step-by-step approach:
1. Conduct a Comprehensive Title Search
Visit the County Clerk’s office or use the New York State Office of the State Comptroller’s online databases to review:
- Deeds and conveyances
- Mortgages and satisfactions
- Mechanic’s liens, judgments and tax liens
- Easements, rights of way and covenants
Tracking the chain of title back at least 30–40 years helps uncover all recorded interests.
2. Verify Individual Owners
For each natural person listed in the chain of title, obtain:
- Government-issued photo ID (driver’s license or passport)
- Social Security number or taxpayer identification (for closing statements)
- Certified copy of the recorded deed showing their full legal name and signature
3. Validate Entity Ownership
If an LLC, corporation, partnership or trust holds the property, secure authority documents and proof of good standing:
- LLC: Certificate of Authority or Formation and Operating Agreement (LLC Law §302)
- Corporation: Certificate of Incorporation, corporate resolution authorizing the conveyance and Certificate of Good Standing from the Department of State
- Partnership: Partnership agreement or certificate filed under the Revised Limited Partnership Act
- Trusts: Certificate of Trust or Certification of Trustee under EPTL §7-1.12
4. Confirm Fiduciary or Guardian Authority
When someone acts on behalf of an estate, minor or incapacitated owner, collect:
- Letters Testamentary or Letters of Administration (SCPA §7116)
- Letters of Guardianship from the Surrogate’s Court
- Court Orders appointing a fiduciary
5. Review Powers of Attorney
If an agent signs for an owner, ensure the power of attorney is valid under the New York Statutory Short Form Power of Attorney (GOL §5-1501). Confirm that it authorizes real property transactions and is notarized.
6. Check Marital Status and Spousal Interests
Although New York abolished dower and curtesy rights, a surviving spouse may have rights under the elective share statute. Obtain:
- Certified marriage certificate
- Spousal consent or waiver, if family property is involved
Refer to Real Property Law for spousal rights and conveyance requirements, including witness and notary rules (RPL §291).
Helpful Hints
- Use certified or apostilled copies for foreign documents.
- Obtain current Certificates of Good Standing online at the Department of State.
- Check for unrecorded interests by asking the seller to sign an affidavit of title.
- Maintain a detailed title chart to track each interest and its supporting document.
- Order a title insurance commitment for back-end protection.
- Verify POAs have not been revoked and trustees remain in office.
Disclaimer
This article provides general information under New York law and does not constitute legal advice. Consult a qualified attorney to address your specific situation.