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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 12217
Experience:  Licensed Texas General Practice Attorney
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The Pastor of a church gave our congregation the church, We

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The Pastor of a church gave our congregation the church, We have incorporated and need to change the church property to the corporations name. We have not heard from the pastor for a year and half. How do we change the Deed from one church name to the corporation name? We are in the state of Texas. The othe chuch completely desolved.
Submitted: 1 year ago.
Category: Business Law
Expert:  RGMacEsq replied 1 year ago.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Is there a member, elder, etc... of the church that has the signatory power to sign on behalf of the church to make this transfer?

RGMacEsq :

Did you see my follow up question to your issue?

Customer:

no I do not

RGMacEsq :

I asked: Is there a member, elder, etc... of the church that has the signatory power to sign on behalf of the church to make this transfer?

Customer:

No there is no one

RGMacEsq :

To whom was the property transferred (from the pastor)?

Customer:

The pastor passed to our Pastor

RGMacEsq :

But your pastor is no longer there?

Customer:

Yes our pastor is here

RGMacEsq :

So if your pastor is still there, wouldn't he have the signatory power to sign to make that transfer?

Customer:

He is the president on the board and I am the secretary of our board as well

Customer:

What kind of deed do we need to do?

Customer:

The Name of the Church was Country Baptist Church, We are New Creation Ministiries/ Nueva Creacion, Inc.

RGMacEsq :

Understood. I asked "so if your pastor is still there, wouldn't he have the signatory power to sign to make that transfer?" You mentioned that there would not be anyone there to sign for the transfer...

RGMacEsq :

I'm trying to understand the situation, as that has an impact on what would need to be done.

Customer:

In Feb of 2012 Pastor Paton, Gave the chuch to My husband Pastor Reyna.

Customer:

Pastor Paton did not have a congregation just his family.

RGMacEsq :

So your husband, Pastor Reyna, would have the authority to sign this, correct?

RGMacEsq :

(since the church was given to him?)

Customer:

We have incorporated as a ministry at this location

Customer:

Yes

RGMacEsq :

Thank you. That's what I was trying to understand.

RGMacEsq :

A quitclaim deed would be enough.

RGMacEsq :

One moment...

RGMacEsq :

The following is a deed from a corporation to a corporation: http://www.uslegalforms.com/tx/TX-013-77.htm. It's not necessary that both entities be corporations, but rather that the "grantor" (the entity that is giving the property) be the same as on the current deed (I assume the name of the church) and the grantor be the new church name.

RGMacEsq :

Your husband would be the representative that would sign on behalf of the grantor.

RGMacEsq :

Basically he would sign "Country Baptist Church, by [first name] Reyna, executive pastor" as the grantor, and name the church only (no individual name) as the grantee.

RGMacEsq :

Once that is done, you can file it in the county deed records, and that would transfer the property to the new church.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

So doing the quit claim and changing the name are two srperate things

Customer:

Do we need to do a warranty Deed?

RGMacEsq :

Yes to changing names. Doing the quitclaim deed changes the title owner of the property, but not legally the name of the congregation.

RGMacEsq :

As to a warranty deed, not really. A quitclaim deed is better in this situation as it only purports to transfer what can be transferred, rather than making a guarantee that the property is owned in the first place.

Customer:

How do you do that legally

RGMacEsq :

The information for the quitclaim deed is above.

RGMacEsq :

Do you see that?

RGMacEsq :

That is what you're asking about, correct?

Customer:

Would we want to make a guarantee tha the property is owned by the corporation

RGMacEsq :

I assume that you're talking about the warranty deed. The warranty deed guarantees the transfer (the current owner owns the property). If there's any defect in title, the grantee (subsequent owner) can sue the grantor. Since your husband would be signing this, the quitcliam is probably better, because that does not guarantee any ownership.

RGMacEsq :

(it's a guarantee from the grantor to the grantee, not anyone else)

Customer:

We just don't want somebody to come in five years and say that we don't own the property

RGMacEsq :

Exactly.

RGMacEsq :

Hence why a quitclaim is better.

RGMacEsq :

There's no warranty

RGMacEsq :

All it says is that IF there is something that is owned, then it is being transferred.

RGMacEsq :

If someone comes in 5 years and says that you don't own the property, then the transfer itself was void, and the church could sue the grantor (if there's a warranty deed)..

RGMacEsq :

A warranty deed would not give title where there would not otherwise be title.

RGMacEsq :

Rather, the church / 501c3 org could then sue you for the false representation of ownership.

RGMacEsq :

Hence why a quitclaim is better.

RGMacEsq :

Does that make sense?

RGMacEsq :

Are you still there?

Customer:

Country Baptist has a warranty deed, It was a gift.

Customer:

The property was given by the devolper of the community and the property always has to be a church.

RGMacEsq :

Okay...

RGMacEsq :

This transfer can be either a warranty deed or a quitclaim deed.

Customer:

So we just want to make sure that we are doing right by this

RGMacEsq :

A quitclaim deed is "safer".

RGMacEsq :

They both transfer property.

RGMacEsq :

They both transfer the same interest.

RGMacEsq :

A quitclaim deed protects the grantor.

Customer:

OK So I can get the form at the sight that you gave me and it explains what we need to put.

RGMacEsq :

A warranty deed protects the grantee (the 501c3 church, but only to the extent that they can sue the grantor if there are problems with the title)

RGMacEsq :

Yes.

Customer:

So once I file it at the court then we can know that it is in the corporations name

RGMacEsq :

IF it's transferred to the corporation, yes.

RGMacEsq :

Actually the transfer takes place when the deed is delivered to the corporation, but it's BEST to file it with the county deed records as well.

Customer:

so we will do the quitclaim from (Grantor) Country Baptist to (Grantee)New Creation Ministries/Nueva Creacion, Inc.

Customer:

And pastor signs for the grantor

RGMacEsq :

Yes, and deliver it to the grantee. It can (and should) be filed in the county deed records, but that is not an absolute requirement. Delivery to the grantee is a requirement.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

RGMacEsq :

Did you have any other questions before you rate this answer?

Customer:

Thank you for your help

RGMacEsq :

My pleasure. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (>50 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 12217
Experience: Licensed Texas General Practice Attorney
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