Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or title professional for guidance tailored to your situation.
When verifying every individual with an interest in real property in Virginia, you must identify all current owners, potential heirs, trustees, lienholders, and other parties with recorded or unrecorded claims. Licensed settlement agents, title examiners, and attorneys typically request the following information and documentation:
- Personal Identification for Natural Persons
- Government-issued photo ID (e.g., driver’s license, U.S. passport).
- Taxpayer Identification Number or Social Security Number (for reporting and IRS Form 1099 purposes).
- Proof of marital status (marriage certificate, divorce decree) if one spouse’s consent or joinder is required under Va. Code § 55.1-102.
- Corporate, LLC, and Partnership Entities
- Certificate of incorporation or organization and any amendments.
- Current good standing certificate from the Virginia State Corporation Commission.
- Corporate resolution, LLC operating agreement, or partnership agreement authorizing the specific transaction and identifying authorized signatories.
- Recorded trade name registrations, if applicable.
- Trusts and Estate Interests
- Fully executed trust agreement and any amendments or restatements.
- Certificate of trust or certification of trustee, confirming trustees’ authority without revealing confidential terms (Va. Code § 64.2-714).
- Letters testamentary or letters of administration issued by a Virginia circuit court for decedent’s estates.
- Powers of Attorney
- Original, notarized power of attorney document granting real estate authority.
- Agent certification that the principal is alive and competent at the time of closing.
- Compliance with the Virginia Uniform Power of Attorney Act (Va. Code §§ 64.2-1600 et seq.).
- Recorded Documents and Chain of Title
- Current deed(s) showing fee simple title or other estate type, recorded in the land records of the relevant county or city (Va. Code § 55.1-1900).
- Easements, restrictions, covenants, and liens affecting the property.
- Judgments, pending bankruptcies, or lis pendens filings that may impair title.
- Additional Due Diligence
- Survey or plat certifying boundary lines and access points.
- Homeowner association (HOA) documents, if the property lies within a managed community.
- Environmental reports or soil evaluations if required by lender or buyer.
Gathering complete and accurate documentation helps ensure a clean title transfer and reduces closing delays. Settlement agents and title insurers rely on these materials to verify interests and prepare title insurance commitments under the standards set by the Virginia Land Title Association.
Helpful Hints
- Start early: Some certificates (e.g., good standing, probate letters) can take weeks to obtain.
- Check for name variations: Use full legal names and any prior aliases or married names.
- Verify document dates: Ensure amendments or restatements supersede older versions.
- Maintain originals: Many title companies require sight of original documents for recording.
- Use a qualified title professional: They can identify hidden issues like unrecorded easements or judgments.