A Church Closes Then Sold Who Gets The Money?

[Alimantado]

Necropost of the year I think! And bonus points for replying to yourself. ;)

[Pastor Matt]

I know of a church where the pastor was voted in and through the course of 2 years he drove all the members away and then sold the Church building, the Christian School, and the land that the church was planning on building a future building on. After selling all of those he closed the church and left town. There was no members left to do anything about it. Sad, but this does happen sometimes.

[Maryann]

If the pastor is the only one left and was living in the building can he/she take some of the money to buy a home and start a work somewhere else .

[OLD fashioned preacher]

Again, what do the bylaws state and what does the secular law within that state stipulate. There is also the fact that something can be legal and not ethical.

Also, is this money now used for the preacher's home or set aside for a future church location?

[Pastor Matt]

It is written in our bylaws that if the church closes, that the monies would be given to a like minded church.

[Carol Concerns]

Our church is having to sell its self as we have run out of people and funds to support the church.  Our Pastor died 9 months ago and we have been going downhill since.  We really only have 3 board members and no congregation.  We are all volunteers in our positions and have never been paid.  We have two mortgages created by the previous Pastor some 15 years ago and have been paying them every since.  We have a house next to the church that is in need of repairs but currently the Pastor's wife and son are sill living in it.   We have had the same bi-Laws for over 20 years and it says nothing in them about what is to be done with the money left over after the sale  of the church, bill paid ,  mortgages settles , lawyer and Realtors fees.  We don't know what the law is for any money that may be left.  Anybody ever encounter this?   Also we have never filed for a 5013C. 

 

Thanks,  

[Pastor Matt]

I'm no expert on this matter so I could be wrong, but I would think that the 3 board members that are left would discuss and vote on what to do with the monies that are left over.  I do not know anything about your situation, but I would vote that the monies go to a like minded church that could use the funds to keep the doors open.

[Jim_Alaska]

Go to a Title company and ask these questions of them. They can guide you through the process and will certainly find out who is on both the deed and mortgage. Someone is paying the mortgage and is most likely the responsible party that would be due any overage after any sale is made. You cannot sell without going through either a Realtor or Title company, so it is best to start there.

Another thing to think about is that banks do not lend money for mortgages without someone to guarantee the loan, their name, or names will be on record with the county and the bank. The name or names on the record of the deed will be the actual owners of the property. The church business meeting minutes should record vital information in regard what was done in relation to the church property and when it was done. Names of people would also be on the minutes.

[DaveW]

1 hour ago, Shoostie said:

All churches are 501c3, filing is irrelevant.   Sell the church, pay off the mortgages.  Those three board members are in control. There is no law about where the money goes, after paying off debts.  The Pastor's wife and son need to move, and they've had nine months to move, so it seems they need a shove, else they need to start paying rent.

 

 

 

Lovely attitude there. What about the church looking after a widow?

What about this grieving woman who has lost her husband who was a faithful servant for who knows how long being looked after.

Your lack of compassion betrays you.

 

[Salyan]

16 hours ago, Shoostie said:

All churches are 501c3, filing is irrelevant.   

Not so...

https://www.501c3.org/what-is-a-501c3/

In order for a corporation or other qualifying entity to receive 501(c)(3) status, it must apply to the IRS for recognition by filing Form 1023 (or Form 1023-EZ),

[Carol Concerns]

Yes,  we have tried to help her as much as possible also because our Pastor was paid very little when he was there.  Myself and another member (on the board, Usher, Secretary and Treasurer) handled just about all function not once but twice in the last 10 yrs we were without a pastor for over a year at a time.  It is God's will that it stayed open and he provided what we need to stay a float.  We were still able to keep open our Food Pantry and a few other sacrifices of love for others.  We tried but this season is over and it make us very sad.  Now if we can just get help to figured out how to go about all this selling stuff that would be a big relief.  Thanks for the comments!

 

Salyan,  you are correct,  It is very much a process and can be expensive.  We were never able to do it.  I guess we were just non -profit. 

[Salyan]

39 minutes ago, Carol Concerns said:

Salyan, you are correct,  It is very much a process and can be expensive.  We were never able to do it.  I guess we were just non -profit. 

In most places, even non-profits have to be incorporated.  If you can find an incorporation certificate, that might confirm it. Otherwise, you could try calling your state/county office responsible for non-profit/society/church registrations, and see if you can find out exactly what kind of organization your church is registered as. They would probably be able to direct you to appropriate Acts or statutes that govern what to do in this situation. Combining that with Jim's suggestion of finding out who holds the mortgage should give you a pretty good start!  

If you're closing down, and the widow needs support, are you considering giving her some of the proceeds (if you're legally allowed to sell them)?

[No Nicolaitans]

32 minutes ago, Shoostie said:

You old hag,  you're wrong.   And, it looks like all the regular hateful IBF morons are as ignorant as you are, as none of them have corrected you.  I'm not going to correct you because 1) You love being ignorant.  2) You're pig who has disinvited me from sharing any knowledge with you.

Oh dear...

The countdown has begun...

[No Nicolaitans]

14 minutes ago, Shoostie said:

The countdown was already started.

I think that may very well be the closest you've come to saying something that is founded upon truth.

...but then again...what do I know? Usn's elderly folks' minds tend to not be very sound'n stuff...

[Shoostie]

19 minutes ago, No Nicolaitans said:

I think that may very well be the closest you've come to saying something that is founded upon truth.

...but then again...what do I know? Usn's elderly folks' minds tend to not be very sound'n stuff...

Your mama told me that she regrets not throwing you back into the toilet when you were little.