Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
Verifying all individuals with an interest in real property ensures clear ownership and helps prevent title disputes. In Utah, follow these key steps:
1. Conduct a Chain-of-Title Search
Visit the county recorder’s office where the property sits. Search recorded instruments including deeds, mortgages, judgments, liens, easements and other encumbrances. Utah’s recording act requires proper recording of deeds to establish priority: see Utah Code § 57-3-103.
2. Identify Current Owners and Tenancies
From the recorded deed, note every named owner and their form of ownership (e.g., joint tenants, tenants in common). Obtain certified copies of the deed and any supplemental instruments.
3. Verify Individual Identities
- Government-issued photo ID (e.g., driver license or passport).
- Social Security number or Individual Taxpayer Identification Number.
- Affidavit of Identity if a party’s name has changed due to marriage, divorce or other reasons.
4. Validate Entities and Representatives
- Corporations and LLCs: Obtain certified Articles of Incorporation or Organization and a certificate of good standing from the Utah Division of Corporations: corporations.utah.gov.
- Partnerships: Provide the partnership agreement and state registration documents.
- Trusts: Present a certificate of trust or trust instrument that verifies the trustee’s authority under Utah’s Uniform Trust Code: see Utah Code § 75-7-701.
5. Address Special Interests
- Judgment lien holders: Submit a certified copy of the judgment and docketing records as required by Utah Code § 78B-5-201.
- Probate estates: Obtain Letters Testamentary or Letters of Administration from Utah State Courts: utcourts.gov/probate.
- Minors or protected persons: Provide court-appointed guardian or conservator documents.
- Pending bankruptcy: Include relevant bankruptcy court docket entries and proof of claim documentation.
Gathering these materials confirms each party’s legal interest. Deliver complete, accurate records to your title insurer or closing agent to ensure a smooth transaction.
Helpful Hints
- Begin the title search early to allow time for document retrieval.
- Verify the spelling of names and legal property descriptions.
- Maintain both digital and certified paper copies of critical documents.
- Renew or replace expired IDs well before closing.
- Consider consulting a qualified attorney or title professional for complex ownership structures.