Q: Procedure for selling a non-corporate church in Alabama
What is the procedure for selling a non-corporate church in Alabama, considering there are no bylaws, no involvement from the board of trustees, no property debts, no agreements on distribution of sale proceeds, and no restrictions from state authorities?
A: Check the title records in the courthouse. Find the deed transferring the property to the church. Who or what entity owns the church and its land? The deed should say so exactly. Whoever has title has the right to sell. Whoever sells it would likely sign at closing an "seller's affidavit" saying that he owns or controls the property and has full authority to sell the property. If you worry that you don't have that authority, you probably don't, and I would not advise you to sign such deed of transfer. There is also something called a "quitclaim deed," which says the seller is transferring or releasing his interest, whatever it may be, to the buyer. Quitclaim deeds are common in such situations, but buyers (and title insurers and lenders) usually want something better than a signature on a quitclaim deed. In other words, if you don't find a decent real estate "dirt" lawyer, you are probably in over your head.
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