Wednesday, April 23, 2014
     
Deed Family
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Register of Deeds:  Types of Records
 

  • General, Sheriff
  • Quit Claim
  • Cemetery
  • Warranty
  • Corporation
  • Deed in Lieu of Foreclosure
  • Transfer on Death Deed
  • etc.


General Warranty Deed:
A document or instrument that warrants or guarantees the integrity of title and conveys ownership of real property from one entity to another.

Cemetery Deed:
A document that transfers title to a cemetery lot.

Special Warranty Deed:
A document or instrument that limits the warranty or guarantee of the title only to the time the party held the title.

Quit Claim Deed:
A document or instrument that limits the warranty or guarantee of the title only to the time the party held the title and conveys all interest or claims in the real property.

Corporation Deed:
A document transferring title of real property from the corporation to another body. Document is executed on behalf of the corporation by the president, vice-president, or presiding member or trustee of the corporation.

Transfer on Death Deed:
A document or instrument that conveys ownership of real property from one person to another upon the death of the grantor or owner. Deed takes effect only on the death of the party executing the deed. Transfer on Death deed may be revoked at any time.


This is for Informational Purposes only.
We always suggest you contact your Attorney for all legal matters and questions
.



A Real Estate Sales Validation Questionaire is a form required by the State Department  of Property Valuation that is to accompany every deed to be recorded unless the deed would fall into one of the 16 exemptions, then the exemption shall be clearly stated on the document being recorded.

Exemption numbers:

  1. Recorded prior to the effective date of this act, i.e., July 1, 1991;
  2. made solely for the purpose of securing or releasing security for a debt or other obligation;
  3. made for the purpose of confirming, correcting, modifying or supplementing a deed previously recorded, and without additional consideration;
  4. by way of gift, donation or contribution stated in the deed or other instruments;
  5. to cemetery lots;
  6. by leases and transfers of severed mineral interests;
  7. to or from a trust, and without consideration;
  8. resulting from a divorce settlement where one party transfers interest in property to the other;
  9. made solely for the purpose of creating a joint tenancy or tenancy in common;
  10. by way of a sheriff's deed;
  11. by way of a deed which has been in escrow for longer than five years;
  12. by way of a quit claim deed filed for the purpose of clearing title encumbrances;
  13. when title is transferred to convey right of way or pursuant to eminent domain;
  14. made by a guardian, executor, administrator, conservator or trustee of an estate pursuant to judicial order;
  15. when title is transferred due to repossession: or
  16. made for the purpose of releasing an equitable lien on a previously recorded affidavit of equitable interest, and without additional consideration.

 


  

Mortgage Family
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  • General Mortgage
  • Deed of Trust
  • Re-Recorded Mortgage
  • Contract for Deed
  • Modification
  • Assumption
  • Trust Indenture
  • Mortgage as Fixture Filing
  • Multi-State Mortgage
  • Multi-County Mortgage
  • Federal Agency Mortgages (exempt from mortgage registration tax.),
  • etc.


General Mortgage:
A document or instrument that establishes a lien against real property as a pledge to repay or secure a debt from a creditor or lender.

Contract for Deed:
A document or instrument that is an agreement to sell and purchase under which title to property is withheld from the purchaser until such time as the required payments to the seller have been satisfied. It establishes a lien against real property and is considered a mortgage. May or may not be recorded, tax is due at the time a contract for deed is presented to the Register of Deeds.

Re-Recorded Mortgage:
A document or instrument that is being re-recorded to correct or add information to a mortgage previously recorded.

Amendments/Modifications:
A document that states changes to a recorded mortgage.

Multi-State Mortgage:

A document or instrument that establishes a lien against real property as a pledge to repay or secure a debt from a creditor or lender. The collateral in a multi-state mortgage is located in Kansas and in one or more states.

Multi-County Mortgage:
A document or instrument that establishes a lien against real property as a pledge to repay or secure a debt from a creditor or lender. The collateral in a multi-county mortgage is located in more than one Kansas County.

Mortgage Release:
A document releasing the lien on property established by a mortgage, also called a satisfaction of mortgage or discharge of mortgage.

This is for Informational Purposes only.
We always suggest you contact your Attorney for all legal matters and questions
.


  

Lien Family
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  • Agister Lien
  • Atrisan's Lien
  • Federal Tax Lien
  • Kansas State Employer Tax Lien
  • Quarterly Truck Registration Lien
  • Veterinary Lien
  • etc.


Agister Lien: 
A UCC document that places a lien on personal property for unpaid wages for agricultural labor or products.

Artisan's Lien: 
A document that places a lien against personal property for work performed on equipment.  It is commonly referred to as a Mechanic's Lien, but a true Mechanic's Lien places a lien against real property for work performed (contract work on a house) and is filed with the Clerk of the Court.

Federal Tax Lien: 
A document or instrument that establishes a lien against real and personal property (UCC) to secure payment of delinquent Federal Taxes.  Lien has first priority in repayment of debts.

Kansas State Employer Tax Lien: 
This is a document that establishes a lien against real and personal property (UCC) to secure a debt to the Kansas State Revenue Department.  Generated from failure to pay Employment Taxes.

Quarterly Truck Registration Lien: 
UCC document placing a lien against a fleet of trucks for non-payment of required fees to the state.  Filed by State of Kansas Department of Revenue or the county treasurer.

Veterinary Lien: 
Document that establishes a lien against personal property to satisfy unpaid veterinary bills.

This is for Informational Purposes only.
We always suggest you contact your Attorney for all legal matters and questions
.


  

Other Documents
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  • Affidavit of Equitable Interest
  • Death Certificate
  • Easement
  • Eminent Domain
  • Lis Pendens
  • Military Discharge
  • Plat
  • Power of Attorney
  • Subordination Agreement
  • etc.


Affidavit of Equitable Interest: 
A document that gives public notice of a legal interest in real property.  When a Contract for Deed has been executed or a Promissory Note,  this document can be recorded to give public notice that there is an interest in the property.

Death Certificate: 
A document that is a certified copy from the State Department of Vital Statistics showing the death of an individual.

Easement: 
A document that grants specific rights concerning real property.

Eminent Domain: 
A document that states the rights of a government entity to appropriate private property for public use.

Lis Pendens: 
A document giving notice that real property is involved in a court case in another county.

Military Discharge: 
This document is commonly known as a DD214 form.  This document is issued by the military to show the discharge of an individual.  It is recorded in the Register of Deeds office to enable quick access to certified copies for the veteran when claiming benefits.  These documents are no longer open records to the public.  They can be viewed and copied by a few people, but first a form must be filled out in the Register of Deeds office.

Plat: 
A document establishing a subdivision or platted legal description.

Power of Attorney: 
A document granting authority (general or specific) to act in the name of another party.

Subordination Agreement: 
This is a document that states that one lender is subordinating their position stated in a recorded mortgage to another party.

This is for Informational Purposes only.
We always suggest you contact your Attorney for all legal matters and questions.


  

All information is for Informational Purposes only.

We always suggest
you contact your Attorney
for all legal matters and questions.