The Register of Deeds Office Does Not Give Out Legal Advice
The following list sets forth the requirements for recording documents with the Register of Deeds office. Documents that fail to contain the required items will be rejected and will not be recorded.
This list does not attempt to set forth all of the items that should be addressed in a well-drafted, legally valid document, it only details those items that will be required and checked by the Register of Deeds office for recording purposes.
All Documents MUST BE ORIGINALS or CERTIFIED COPY
Documents must contain:
Signed and all signatures must be properly notarized
The name of the first party (i.e. the grantor’s or mortgagor’s name)
The name of the second party (i.e. the grantee’s or mortgagee’s name)
The legal description of the subject property
K.S.A. 58-2205; 58-2209; 58-2211; 58-2221
Additional Requirements for Specific Documents
In addition to the above requirements for most documents, the following additional items are required for the various types of documents.
To be recorded, deeds must:
- Be accompanied by a completed real estate sales validation questionnaire. K.S.A. 79-1437c.
- If a questionnaire is not required, then the applicable exemption must be stated on the document being filed. K.S.A. 79-1437e.
Affidavit of Equitable Interest
- Must be accompanied by a completed real estate sales validation questionnaire. K.S.A. 79-1437c.
Assignment of Mortgage
- Correct book and page number of each mortgage being assigned: K.S.A. 58-2306.
- Name and address of assignee: K.S.A. 58-2319.
- Signed by mortgagee/assignor: K.S.A. 58-2306; 58-2319.
Release of Mortgage
- Correct book and page number of mortgage being released: K.S.A. 58-2306.
- Signed by mortgagee: K.S.A. 58-2319.
Amendment or Modification of Mortgage
- Book and page number of mortgage being amended or modified.
- Completed mortgage registration tax affidavit if mortgage registration fee is not due pursuant to K.S.A. 79-3102d.
Assignment of Rents or of Leases & Rents
- Name and address of assignee.
Release or Revocations of Other Documents
- For example, a Release of Assignment of Rents, a Release of Easement, Revocation of a Power of Attorney, Revocation of a Transfer on Death Deed.
- Book and page number of document being released or revoked.
- State certified copy: K.S.A. 58-501; 65-2416; 65-2417.
- Original or court-certified copy: K.S.A. 58-2242a.
- Copy certified by Secretary of State. However, the general provisions requiring the recording of corporate documents with the Register of Deeds Office have been repealed. K.S.A. 17-6003.
Documents with insufficient, incomplete, or improper notary certifications will be not be accepted for recording. K.S.A. 58-2211 & 58-2221. Documents with notary certifications that fail to comply with the Uniform Law on Notarial Acts, K.S.A. 53-501 et seq., will be returned.
Failure to comply with the following requirements will result in a document being returned:
- K.S.A. 58-211 "All conveyances and other instruments affecting real estate must be acknowledged before a person authorized by the uniform law on notarial acts to perform notarial acts"
- The entire date must be included in the notary certificate. This means the month, day, and year on which the notarial act was performed. K.S.A. 53-508.
- The expiration date (month, date, & year) of the notary’s appointment must be included and it cannot have expired. K.S.A. 53-508; 53-105; 53-106.
- The document must have been notarized prior to the expiration date of the notary’s appointment. If two conflicting expiration dates appear on the certification and if either one expired prior to the date the document was notarized, then the document will be rejected.
- The name of the signatory set forth in the notary certification must be the same as the signatory’s name on the document.
- The certificate must identify the jurisdiction (state & county) where the notarial act was performed. K.S.A. 53-508. If two different jurisdictions are referenced (for example, “State of Kansas, County of Wyandotte” appears at the top of the certification and the notary’s seal references “Jackson County, Missouri”), then the document will be rejected.
- The certificate must be fully completed. Certifications containing blanks that have not been completed will be rejected.
- The notary’s seal must appear on the certificate. K.S.A. 53-105.
Margins and Paper Size
Pursuant to K.S.A. 28-115, the Register of Deeds has authority to establish requirements for margins. Therefore, for the purpose of providing sufficient space for recording information and to insure that the document will be clear and legible when reproduced, page one must have a top margin of (3) inches and (1) inch margins on each of the three remaining sides. All subsequent pages must have a one (1) inch margin on all four sides. We request letter-size paper.
If a document does not comply with such requirements, then K.S.A. 28-115 authorizes either the use of an additional sheet for the recording information or providing an exact copy of the document that is of sufficient legibility. The additional sheet or exact copy shall be counted and charged as additional pages. Further, K.S.A. 28-115 allows registers to reject documents that are not of sufficient legibility to produce a clear and legible copy.
Documents must be clear and legible for reproduction or will be subject to rejection pursuant to K.S.A. 28-115.
Available for professional document preparers. Deeds, mortgages, and most other document types are now accepted for e-recording.
Contact our office or our recording software vendor Fidlar Technologies at 1 (800) 747-4600 for additional information.
How to Request a Copy
The recorded documents located in our office are available to the public. It is our goal to provide convenient, efficient and easy access to the information located in this office. We are unable to provide you with information via e-mail or fax.
Due to limited staffing, customers are encouraged to conduct their own research whenever possible. Our staff will gladly assist you in locating a document or current ownership information if you telephone, visit the office, or mail a copy request with a check payable to the Register of Deeds.
We cannot process a request for copies without payment in advance.
- $1.00 For the first page of a document
- $1.00 For each additional page per document, and;
- $13.00 For a certified copy