Real Estate Legal Counsel
Our team of real estate attorneys draws on decades of experience to apply best practices and creative solutions to the most complicated transactions.
- Timely: We understand deadlines, and address issues quickly and directly.
- Legal Expertise: We have the experience to handle any legal issue with your real estate transaction.
- Flexible: Our real estate law resources enable us to handle unique transactions.
- Nationwide: We deliver seamless service regardless of jurisdiction or transaction structure.
- Comprehensive: We handle a wide spectrum of transactions from residential and commercial to multi-state, multi-site, and asset only transactions.
Areas of Expertise
Meridian Title helps counsel avoid delays due to liens and judgments.
Many bankruptcy attorneys are unaware of judgments against their client's property. Bankruptcy counsel can work with Meridian Title to better address their client's debts that may be liens.
- Do a judgment search prior to filing the Petition for Bankruptcy to uncover existing liens against any property.
- Address liens upfront to avoid delays due to unresponsive creditors.
Conveyances by Entities
We offer guidance on trusts, corporations, LLCs, and operating agreements. With entities, it is important to assess the formation of the entity and to determine the signing authority.
- Provide the Certification of Trust or Trust Document.
- Provide the Trust Document to confirm the successor’s validity if the trustee is not the original trustee.
- Provide Articles of Corporation or Certificate of Existence.
- Provide a copy of the by-laws, or a resolution signed by the Board of Directors to confirm authority.
- Provide a copy of the Articles of Organization.
- Provide a copy of the Operating Agreement, or a resolution signed by the members to confirm a designated signatory and giving authority to sell or buy the property in question.
- Provide the LLC’s tax ID and bank account information prior to closing to avoid disbursement delays.
We simplify property transfers during and after divorce proceedings.
We can help you with Final Decree language to save time and remove potential roadblocks.
- Use the following phrasing in the Final Decree to avoid needing a QCD from an ex-spouse:
- “...title to the real estate is vested in _____ and any interest of _______ is divested.”
We provide guidance on language and structure to ensure deeds are complete and compliant.
Avoid delays and prevent legal issues arising from improper deed language by incorporating these important phrases on an as needed basis.
- When providing a deed to a married couple, add their titles (husband, wife) after their names in the grantee clause.
- When providing a deed to a same-sex couple, use one of the following vesting phrases:
- “_____ and _____, a married couple, as tenants by the entirety…”
- “_____ and _____, husband and husband (or wife and wife), married to each other, as tenants by the entirety…”
- Always reference the cause number in a deed from a dissolution decree or estate.
- Incorporate the prior recording information in a deed for a land contract if the land contract buyer is paying off the land contract.
- Use the following social security number disclaimer:
- “I affirm, under penalty of perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law.”
- Put the address of tax bills at the end of the deed.
- Include a “prepared by” statement.
Meridian Title can assist you in clearing titles for probate.
It is important to work with a title company to avoid delays, especially if the heirs are wanting to do a transfer of real estate without probate administration.
- When considering an affidavit under IC 29-1-7-23, contact a title company in advance for a judgment search. Judgments do attach even if heirs deed out immediately after the affidavit is recorded.
- Add this phrase to clarify the affidavit for auditors:
- “This affidavit is to induce the Auditor of _____ county to place the name of _____ as the owner of the fee interest in the above described real estate.”
Transfer on Death (TOD) Deeds
- You do not need a Sales Disclosure Form to prepare a TOD.
- Some counties are unfamiliar with TODs. Be prepared to explain the instrument.
- If there exists a prior recorded TOD, and the owner is alive and is now conveying his/her interest to a third-party, the Beneficiary does not need to join in on the Grantor's deed.
- Make sure the TOD is recorded before the owner’s death.