Verifying All Individuals with an Interest in Real Property in Wisconsin

Disclaimer: This article is for informational purposes only and is not legal advice. Always consult a qualified attorney for guidance on your specific situation.

Detailed Answer

When you or your attorney conduct due diligence on a parcel of real property in Wisconsin, you must identify and verify every person or entity that holds an ownership interest, lien, easement, or other encumbrance. Proper verification helps prevent future title disputes and ensures clear marketable title.

1. Information Required

Full Legal Name: Include first, middle, last names, and suffixes (e.g., Jr., Sr., III).
Known Aliases or Former Names: Maiden names, married names, or other aliases used in recorded documents.
Date of Birth: To distinguish among individuals with similar names.
Current Mailing Address: Street address, city, state, and ZIP code.
Type of Interest: Owner, co-owner, mortgagee, lienholder, easement holder, beneficiary under a trust.
Legal Capacity: Individual, trustee, personal representative, guardian, corporation, LLC, partnership.

2. Documentation Required

Recorded Deeds and Transfers: Copies of the deed chain in the Register of Deeds office. Each deed must bear a proper acknowledgment per Wis. Stat. § 706.02 (docs.legis.wisconsin.gov/statutes/statutes/706/02).
Mortgage and Lien Instruments: Recorded mortgages, liens, tax certificates, judgments affecting title.
Affidavits of Identity or Heirship: If a party has died or cannot be located, an affidavit under oath may establish identity (Wis. Stat. § 706.05 covers powers of attorney and proof when documents are signed by agents).
Trust Documents: Copies of trust agreements or amendments identifying current trustees and beneficiaries.
Corporate or Business Records: Articles of incorporation, partnership agreements, certificates of existence, and resolutions showing authorized signatories.
Court Orders and Probate Records: Letters testamentary, administrator’s letters, guardianship orders, divorce decrees transferring property rights.
Government-Issued IDs: Driver’s licenses, passports, or state IDs for notarization and acknowledgment purposes.
Marital Status Documents: Marriage certificates or divorce judgments when spousal rights may attach to title.

Combining complete identifying information with properly recorded documentation ensures you capture every interest holder and avoid title defects.

Helpful Hints

Start with a comprehensive title search at the county Register of Deeds.
Use uniform name spelling and cross-check spelling variations.
Obtain certified copies of probate and court documents.
Confirm notarization and acknowledgment certificates comply with Wis. Stat. § 706.02.
Review corporate minutes or resolutions if a business entity holds title.
Record any affidavits you prepare to establish missing interests promptly.
Keep a log of all documents reviewed and their recording data.