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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31788
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If there is no successor for church how do you find who can

Customer Question

If there is no successor for church how do you find who can sell land
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.

Hi - my name is ***** ***** I'll be glad to assist

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?

Customer: replied 2 years ago.
Expert:  Roger replied 2 years ago.

Ok. Do you know how the property deed is titled?

Customer: replied 2 years ago.
in church name
Expert:  Roger replied 2 years ago.

Ok. I've had this come up recently with a client of my own. It was the same issue you are currently facing.

Expert:  Roger replied 2 years ago.

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.

Expert:  Roger replied 2 years ago.

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.

Customer: replied 2 years ago.
No just incorporation papers
Expert:  Roger replied 2 years ago.

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.

Customer: replied 2 years ago.
All are dead but one incorporator
Expert:  Roger replied 2 years ago.

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.

Customer: replied 2 years ago.
9
Expert:  Roger replied 2 years ago.

Hi - I think your response posted before you completed it. Please send the rest so we can continue. Thanks!