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Document Filing Requirements
Most documents must be:
- Most documents must contain the following items;
- 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;
- Signed and all signatures must be properly notarized;
Some documents will not contain the names of two parties or a legal description. For example: power of attorney.
Documents presented for filing with personal information, such as driver's license number or social security number, will be rejected.
K.S.A. 58-2205; 58-2209; 58-2211; 58-2221.
Additional Requirements for Specific Document
In addition to the above requirements for all documents, the following additional items are required for the various types of documents set forth below:
Deeds, Deed of Dedication - 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.
- The second page of the Sales Validation Questionnaire (SVQ) describing the instructions and exceptions does not need to be submitted. Also, the SVQ must be submitted at its actual 8.5” by 11” size for effective label placement. It is critical for the SVQ to be submitted immediately following the deed. This should be the rule for both paper and electronic filings. Document processing will be delayed if the Deed and SVQ are not submitted in this order. Also, the SVQ must be completed for acceptance (all boxes checked and all fields completed with address and phone information where required). Please always include the Grantees mailing address. Any questions regarding the Sales Validation Questionnaire, please contact the Appraisers office.
Transfer on Death Deed:
- Must be filed Prior to Grantors death. K.S.A 59-3502
Affidavit of Equitable Interest:
Must be accompanied by a completed real estate sales validation questionnaire. K.S.A. 79-1437c. If the transaction is not a sale, then the applicable exemption must be stated on the document being filed. K.S.A. 79-1437e.
- If you are modifying your mortgage or you are refinancing with the same lender or their assigns, a Mortgage Registration Affidavit is required. Mortgage Registration affidavits do not cover multiple transactions. K.S.A. 79-3102
- A Mortgage Registration Affidavit will be rejected if the Mortgage or Assignment book and page is incorrect.
Assignment of Mortgage:
- Requires book and page number of each mortgage being assigned: K.S.A. 58-2306.
- All Assignments shall clearly set forth the full name and address of the assignee: K.S.A. 58-2319.
- Signed by mortgagee/assignor: K.S.A. 58-2306; 58-2319.
Release of Mortgage:
- Requires book and page number of mortgage being released: K.S.A. 58-2306.
- Signed by mortgagee: K.S.A. 58-2319.
Regulatory Agreement for Multi-Family Housing Projects. This document needs to be filed before the accompanying mortgage. If it is not filed prior to the mortgage, then it must include the book and page number of the mortgage.
To re-file a document:
- State on the face of the document the reason for re-filing;
- Correct the error on the document;
- The document must be re-executed and re-acknowledged.
Document re-file affidavit:
- For the purpose of correcting typographical errors, the Department of Records and Tax Administration has previously accepted and recorded refilled documents accompanied by an affidavit even though the document was not re-executed and re-acknowledged. There is no statutory authority for this practice. As such, this practice continues to be under review. The current requirements for re-filing a document accompanied with an affidavit are:
- Only typographical errors for party names and subdivision/plat names may be corrected by re-filing the document with a re-file affidavit. All other typographical errors, including alterations to legal descriptions, must be re-recorded for correction. Re-file affidavits will also not be permitted in conjunction with other instruments, including PUD Riders, to re-order documents for filing or to correct Section-Township-Range numbers.
- The Department of Records and Tax Administration office must approve the use of a re-file affidavit. Acceptance of a re-file affidavit is within the sole discretion of the Department of Records and Tax Administration.
- The complete original document must accompany the affidavit and be re-recorded in its entirety.
Other Releases & Assignments
Assignment of Rents or of Leases & Rents:
- * See Standard Filing Fees *
- Original or certified copy from state accepted without alterations or attachments. 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 Department of Records and Tax Administration have been repealed. K.S.A. 17-6003. See Secretary of State.
Power Of Attorney:
- We will not accept certified copies of a Power Of Attorney. K.S.A. 58-652(c)(2)
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. RTA does not provide notary services.
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 Johnson” 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.
- Documents will be rejected if there is inconsistent information regarding names such as different middle initials or if titles such as junior (jr.) or senior (Sr.) do not match throughout.
Margins & Paper Size
Pursuant to K.S.A. 28-115, the Department of Records and Tax Administration has authority to establish requirements for margins (see example). 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 three (3) inches and one (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 sufficiently legible so as to produce a clear and legible reproduction. Documents that cannot be clearly and legibly scanned are subject to rejection pursuant to K.S.A. 28-115.