Ecclesiastical Structure

When title is held by a religious organization that is subordinate to a general church organization which includes one or more levels of superior governing bodies, the controlling organization will have adopted a written constitution or similar enactment which address the owning, mortgaging and disposition of property. The constitution should be reviewed to learn what is necessary to comply with the governing agreements, as well as any other applicable document of operation which governs the conveyance of real property.


Although the title may be vested in the Trustees, the trust is regarded as a passive trust. Any action of the trustees must be supported by an authorizing resolution of the church membership acting in accordance with its by-laws or controlling rules.


If title is held in the name of a bishop in his official capacity for the benefit of the church, the only resolution or affidavit necessary should be an affidavit that the individual signing in the capacity of Bishop is in fact the person holding that office at the time.