Birmingham, AL asked in Real Estate Law for Alabama

Q: Do I own the church because I signed as a trustee of the church on the warranty deed before the church was incorporated.

Property bought in 1993. Church incorporated 1997. Building erected in 1999. Do I own the building?

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: Seems like I already answered this question. No. You do not own the church. First of all, Alabama has something called an Unincorporated Nonprofit Association. You can look it up: Alabama Code Section 10A-17-1.01 to 10A-17-1.18. Your church probably qualifies as one of these, and the actions you take as a member of the governing body of your church, you take on behalf of the church...not yourself. Now, what you are saying doesn't really make sense. When somebody buys property, even when a church buys property, it is the GRANTOR or the SELLER who signs the deed. The GRANTEE or the BUYER doesn't usually need to sign anything. Now you might have signed the mortgage for the church. Do you want to pay the mortgage for the church? Finally, let me give some unsolicited advice for which I will charge you nothing: Quit being angry and cantankerous with the other members of your church just because they don't do what you want them to do. No matter how stupid and selfish you think they might be, you (like I) can be just as stupid and selfish. And let me say that trying to assert ownership of the church property certainly seems a bit selfish to me. Good luck.

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