The common issues involving churches involve authority to convey or mortgage, ability to own title (if unincorporated) without trustees, and ownership in event of cessation or schism of the church.
The Company requires satisfactory evidence that the proposed transaction is supported by proper Resolution in compliance with the Articles/Discipline/Constitution/Bylaws of the Church and applicable law, and that all documents in the proposed transaction will be executed by properly authorized persons in the appropriate capacity. At that time, the Company may make additional requirements or exceptions. Comment: Churches generally may be hierarchial or congregational. Generally, the Company requires copies of all documents evidencing the church organization and guidelines and a resolution (after notice) evidencing approval by members (if applicable).
The apparent owner of the title to the land is not an incorporated church. By instrument recorded ______________, _____________ as grantor purported to convey the title to said church. The Company requires a Correction Deed from the grantor to the properly authorized trustees of the apparent owner. Any proposed transaction by the apparent owner must be executed by the properly authorized trustees in compliance with the Articles/Discipline/Constitutional/By Laws of the Church and applicable law. At that time, the Company may make additional requirements or exceptions. Comment: In many jurisdictions, a conveyance to an
unincorporated association (such as a church) must be made to its named
trustees.