Disclaimer: This article provides general information and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.
Detailed Answer
To verify every person or entity with an interest in real property in South Dakota, gather accurate identification and supporting documents for each party involved. Below is a structured overview:
1. Individual Owners
- Personal Information: Full legal name, current residential address, date of birth.
- Photo Identification: Government-issued ID (e.g., driver’s license, passport).
- Tax Identification: Social Security Number (last four digits) or individual taxpayer identification number.
- Notarized Signature: All deeds or conveyances must be acknowledged by a notary public. See SDCL 43-3-3.
2. Trusts and Estates
- Trust Documentation: Copy of the trust agreement or a certificate of trust. See SDCL 55-1-6.
- Estate Representation: Letters testamentary or letters of administration issued by the probate court. See SDCL 29A-3-307.
3. Business Entities
- Certificate of Good Standing: Obtain from the South Dakota Secretary of State. See SDCL 47-1A-3.
- Organizational Documents: Articles of incorporation (corporations) or articles of organization (LLCs).
- Authorizing Resolution: Corporate or LLC resolution authorizing the real estate transaction.
4. Minors and Guardians
- Guardianship Orders: Court order appointing a guardian or conservator. See SDCL 29A-5-106.
- Letters of Guardianship: Official letters confirming the guardian’s authority.
When ownership is unascertained or an interested party cannot be located, follow the notice and publication procedures under SDCL 43-30-15 to protect title and clear the record.
Helpful Hints
- Verify names and addresses against government databases.
- Always use a licensed notary for acknowledgments and affidavits.
- Request certified copies of organizational and probate documents.
- Keep detailed records of all filings and communications.
- Engage a real estate attorney when multiple parties or complex title issues arise.