Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer: Required Information and Documentation to Verify All Individuals with an Interest in Real Property in Tennessee
1. Natural Persons
To verify a natural person’s interest in property, gather:
- Valid photo ID (state driver’s license or passport).
- Full legal name and current address.
- Social Security Number or Tax ID (as permitted by law).
2. Powers of Attorney
If someone acts via power of attorney, collect:
- The original or certified copy of the power of attorney document.
- Evidence it complies with Tennessee’s Uniform Power of Attorney Act (TCA §34-6-103).
- Certification of non-revocation if the document is older than six months.
3. Trusts
For trust interests, you need:
- A copy of the trust instrument and any amendments.
- Trustee certification under Tennessee’s Uniform Trust Code (TCA §35-15-101).
- Trustee’s photo ID and contact information.
4. Corporations, LLCs, and Partnerships
When an entity holds an interest, obtain:
- Certificate of formation or incorporation.
- Certificate of Good Standing from the Tennessee Secretary of State.
- Resolution or minutes authorizing the transaction.
- Names and IDs of authorized signers.
5. Estates and Guardianships
To verify interests through an estate or guardianship, require:
- Letters Testamentary or Letters of Administration issued by the county probate court.
- Guardianship Order, if applicable.
- Personal representative or guardian’s ID and contact details.
6. Liens and Encumbrances
Ensure you review public records for:
- Mortgages and deeds of trust.
- Judgments, tax liens, and UCC filings.
- Easements and restrictive covenants.
Statutory References
- TCA §34-6-103 (Power of Attorney requirements)
- TCA §35-15-101 (Uniform Trust Code)
- Tennessee Code Title 48 (Business Organizations)
- Tennessee Code Title 30 (Guardianship and Conservatorship)
Helpful Hints
- Begin title searches early to identify hidden interests.
- Use certified copies of documents to satisfy title insurers.
- Verify signatures against official records.
- Consult a real estate or probate attorney for complex ownership structures.
- Maintain organized digital and physical files for all documentation.