Real Estate Law
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Can you explain a little more about this situation. I assume that the "church" owns the property and now the church has disbanded.....is that right?
Ok. Do you know how the property deed is titled?
Ok. I've had this come up recently with a client of my own. It was the same issue you are currently facing.
I'm assuming the church was not incorporated or set up as a legal entity (non-profit LLC, Inc., etc.). If that is the case, then hopefully your church had a board of trustees or some type of business committee made up of members.
If so, that board would have to convene, decide to sell the church, then notice all of the members of a church meeting to approve the sale and what to do with the proceeds of the sale........then, at the meeting, decide whether or not to approve the sale and authorize the board members to sign a deed.
Ok. If you have incorporation papers, that likely means that you are registered with the secretary of state.......and that would mean that you have a registered agent or an officer of the company in place. If so, that person would likely have authority to act on behalf of the church.
Ok. That incorporation is likely going to have to file a petition for court authorization to sell the property. In that petition, he/she can ask the court to authorize him to sell the property. The next question is going to be what to do with the proceeds from the sale, and the court will have to give direction on that.
Hi - I think your response posted before you completed it. Please send the rest so we can continue. Thanks!