Convey or Encumber Church or Organizational Property

A petition must be filed in Room 314 of the Clerk's Office by the church or organizational trustees requesting permission to sell, encumber, make a gift, exchange or settle boundaries. Prior to filing the petition, the church or organization should ensure the list of trustees is current. The petition should be accompanied by a proposed order for entry by the court granting the request.
 
The petition request must contain the following: 

  1. Legal description of the subject real property - metes and bounds. 
  2. Name of the owner of legal title of the real property. 
  3. Name of the governing body of church or organization who is owner of the property. 
  4. Basic terms of the sale or mortgage. 
  5. Statement that the governing body has assented to the sale or mortgage. 
  6. Statement that the rights of others will not be violated. 
  7. Statement that the interests of the church or organization will be promoted by that sale or mortgage. 
  8. Full names of the current trustees of the church or organization. Provide book and page number of the order them as trustees if entered prior to Jan. 1, 2007. 
  9. If current trustees are different from former trustees list both former and current trustees with a statement of status of former trustees. 
  10. Statement that governing body has authorized current trustees to execute any deeds etc. needed for transaction. 
  11. Attach a copy of the minutes of governing body or an abstract of the minutes signed by the leader and attested to by the secretary.

The order for sale or mortgage of church or organizational property must contain the following:
  1. Legal description of the subject real property - metes and bounds. 
  2. Name of the owner of legal title of the real property. 
  3. Name of the governing body of church or organization who is owner of the property. 
  4. Basic terms of the sale or mortgage. 
  5. Statement that the governing body has assented to the sale or mortgage. 
  6. Statement that the rights of others will not be violated. 
  7. Statement that the interests of the church or organization will be promoted by that sale or mortgage. 
  8. Full names of the current trustees of the church or organization. Provide book and page number of the order them as trustees if entered prior to Jan. 1, 2007. 
  9. If current trustees are different from former trustees list both former and current trustees with a statement of status of former trustees. 
  10. Statement that the governing body has authorized current trustees to execute any deeds etc. needed for transactions.
 
Please notify the Circuit Court Clerk's Office by email if you find that any of the links on this page do not work.