Disclaimer: This article does not constitute legal advice. Consult a qualified attorney for guidance.
Detailed Answer
Under Pennsylvania law, confirming every person or entity that holds an interest in real estate involves two main steps: a comprehensive title search followed by collection of identifying documentation.
1. Conduct a Title Search
- Visit the Recorder of Deeds in the county where the property lies.
- Review the chain of title back at least 40 years or to the root of title. Identify recorded deeds, mortgages, liens, judgments, easements and releases. See 68 Pa. C.S. § 613 for instruments required to create or convey interests (68 Pa. C.S. § 613).
- Note each party named as grantor, grantee, mortgagee, lienholder or beneficiary.
2. Gather Required Documentation
After identifying potential interest holders, collect the following based on their status:
- Individual Owners
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- Government-issued photo ID (e.g., PA driver’s license or U.S. passport).
- Secondary ID (credit card or utility bill) if required under the Uniform Notarial Act (57 Pa. C.S. § 315).
- Social Security number or individual taxpayer identification number.
- Corporate or LLC Owners
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- Certified Articles of Incorporation or Organization (15 Pa. C.S. § 1501) (15 Pa. C.S. § 1501).
- Certificate of Good Standing from the PA Department of State.
- Certified corporate resolution or operating agreement authorizing the transaction.
- Estate or Trust Interests
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- Letters Testamentary or Letters of Administration issued by the Register of Wills (20 Pa. C.S. § 3101) (20 Pa. C.S. § 3101).
- Trust agreement and any amendments.
- Affidavit of heirship if property passed intestate.
- Spousal or Marital Interests
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- Spousal consent affidavit or waiver when required by 68 Pa. C.S. § 2502 (68 Pa. C.S. § 2502).
- Certificate of marriage or divorce decree if title was affected by marital status.
Collecting and verifying these documents ensures you identify every individual or entity holding a present or future interest in the property.
Helpful Hints
- Start with a certified title commitment from a title insurer to spot hidden liens or easements.
- Use exact legal names as they appear on public records to avoid mismatches.
- Confirm any name changes (e.g., marriage, divorce) through court orders or certified certificates.
- Review county courthouse archives or microfilm for older unindexed records.
- Consult a real estate attorney or title agent for complex chains involving trusts or multiple jurisdictions.