How to Safeguard the Title to Local Church PropertyThis document has been prepared to assist congregations, state, district, provincial, and national organizations of the Church of God in providing safeguarding for their properties. This concern arises from our mutual interest in making sure that none of the church’s properties are lost to the Church of God. When a congregation falters and ceases to meet, who gets the property? If a group emerges in a congregation with contrary beliefs, can it be kept from taking the property? You will find practical step-by-step guidance for assuring that our church properties are safeguarded. There are resolution forms and a model-safeguarding clause. For specific assistance you may contact Missouri Ministries of the Church of God, Inc. The events involving Church Extension in 2000-2003 have required state and regional assemblies to undertake the role of safeguarding agents on behalf of the Church of God.
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The following is a summary of steps to take (as outlined in the document above) to protect church property by conditional deeding:
1. Secure the necessary information about conditional deeding. Download and follow the document above. Contact the State Office for answers to any specific questions. 2. Plan a meeting of the congregation’s official governing board, in which all information is shared and facets of the plan are discussed. If it is their desire to safeguard the church’s property with a conditional deed, a resolution to recommend such action to the congregation should be brought to a vote. 3. A resolution should be prepared by the official board to be presented to the congregation for its consideration and vote. 4. Employ a good attorney, whose practice includes real estate counseling, to examine the resolution for any legal inconsistencies with local and state laws, and to recommend any needed modifications and correct procedures under your state’s laws. 5. A business meeting of the congregation should be called in accordance with the requirements of its bylaws. The prepared resolution should be read in a public meeting prior to the business meeting. In the business meeting all the information known to the Official Governing Board regarding the Conditional Deeding plan should be shared with the congregation and the resolution presented for discussion and vote. 6. If the resolution is approved by the congregation in its business meeting, an attorney should be engaged to insert the safeguarding clause into the deed(s) to the church property by means available under the laws of the state or province. If new property is being purchased, the safeguarding clause may be included in the deed by the seller, at the request of the congregation. 7. The new deed(s) or other legal instruments should be filed immediately with the Recording Office in the local Court House or Government Building. 8. A certified copy of the resolution, certified by the secretary and pastor, and a copy of the deed(s) containing the safeguarding clause should be sent Missouri Ministries.
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