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Circuit Court Clerk's Office

Services for Churches & Organizations

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.
 

CHURCH/ORGANIZATION TRUSTEE APPOINTMENT

APPOINTMENT OF CHURCH TRUSTEES OR FRATERNAL ORGANIZATION TRUSTEES

Appointment of church trustees and fraternal organization trustees is confirmed by order of the Circuit Court. A request for appointment may be initiated by a letter on church or organizational letterhead or by petition from an attorney or applicant. The request or petition must be accompanied by an order for entry by the court. They are filed in Room 314 of the Clerk's Office.

The petition or letter request must contain the following:

  1. Full legal name of the church or organization (If the name is not consistent there must be an explanation)
  2. Name of the governing body of the church or organization
  3. Purpose of the appointment of the trustee(s)
  4. Names of former trustees appointed by the court
    • date of order appointing the trustee
    • order book and page number if entered prior to Jan. 1, 2007
    • terms of former trustees
  5. Status of former trustees (what happened to them)
  6. Names and addresses of current trustees
    • term of office if any
    • dates of term
    • if no term state term is indefinite
  7. Petition or letter must state that trustees are fit and proper persons to serve as trustees.
  8. Attach a copy of the church or organizational minutes electing person to act as trustee.

The order presented to appoint the trustees must contain the following similar language:

  1. Full legal name of the church or organization (If the name is not consistent there must be an explanation)
  2. Name of the governing body of the church or organization
  3. Purpose of the appointment of the trustee(s)
  4. Names of former trustees appointed by the court
    • date of order appointing the trustee
    • order book and page number if entered prior to Jan. 1, 2007
    • terms of former trustees
  5. Status of former trustees (what happened to them)
  6. Names and addresses of current trustees
    • term of office if any
    • dates of term
    • if no term state term is indefinite
  7. Petition or letter must state that trustees are fit and proper persons to serve as trustees.

For initial pleading to appoint trustees, a copy of the church or organizational discipline or by-laws should be included.