Recording Requirements
General Recording Requirements
Instruments must contain original signatures (both signer and notary public), be notarized, contain a Morris County legal description, and be accompanied by the proper filing fee. Photocopies can not be recorded unless they are certified copies from another recording office with an original certificate attached.
Filing fees are to be paid at the time of recording and are set by statute K.S.A. 28-115.
- $21.00 For recording Deeds, Mortgages, or other instruments of writing, for first page (not to exceed legal size page 8 ½ x 14”) *
- $17.00 For second page and each additional page or fraction thereof *
- $20.00 Recording Real Estate Mortgages assignments or release, for first page**
- $4.00 For second page and each additional page or fraction thereof of assignment or release**
- $1.00 Name(s) not printed or typed under signature(s) (K.S.A. 28-115)
- $32.00 Recording town plats, for each page
- $13.00 Certificate. Certifying any instrument of record
- $17.00 For filing liens for material and services under K.S.A. 58-201
- $5.00 Lis Pendens K.S.A. 60-2201
- $32.00 Federal Tax Lien Notices
- $32.00 Federal Tax Lien Release
- $71.00 K.S.A. 44-717 (e)(1) Employment Security Law Lien Release (first page only, additional fees apply for second and additional pages and fractions thereof)
NOTE: Most documents require a 3” margin at the top of the first page of the document. If sufficient space is not provided for the necessary recording information on a document, such information shall be placed on an addition sheet and such sheet shall be counted as a page.
Document font can be no smaller than an 8 point font.
K.S.A. 28-115e “The document shall be sufficient legibility to produce a clear and legible reproduction. If a document is judged not to be of sufficient legibility, such document shall be accompanied by an exact copy thereof which shall be of sufficient legibility to produce a clear and legible reproduction and which shall be of sufficient legibility to produce a clear and legible reproduction and which shall be recorded contemporaneously with the document and shall be counted as additional pages.”
Filing Fees are capped at $125.00 for a single family mortgage on principal residence of $75,000 or less. Proof must be provided by an affidavit
Deeds and Affidavits of Equitable Interest must be accompanied by a Kansas Real Estate Validation Questionnaire or have the exemption number typed on the face of the deed. The exemptions are found in K.S.A. 79-1437e. They are as follows:
- Recorded prior to the effective date of this act., July 1, 1991;
- made solely for the purpose of confirming, correcting, modifying or supplementing a deed previously recorded, and without additional consideration;
- made for the purpose of confirming, correcting, modifying or supplementing a deed previously recorded, and without additional consideration;
- by way of gift, donation or contribution stated in the deed or other instruments;
- to cemetery lots;
- by leases and transfers of severed mineral interests;
- to or from a trust, and without consideration;
- resulting from a divorce settlement where one party transfer interest to the other;
- made solely for the purpose of creating a joint tenancy or tenancy in common;
- by way of a sheriff’s deed;
- by way of a deed which has been in escrow for longer than 5 years;
- by way of quit claim deed filed for the purpose of clearing title encumbrances;
- when title is transferred to convey right-of-way or pursuant to eminent domain;
- made by a guardian, executor, administrator, conservator or trustee of an estate pursuant to judicial order;
- when title is transferred due to repossession; or
- made for the purpose of releasing an equitable lien on a previously recorded affidavit of equitable interest, and without additional consideration.
When a real estate sales validation questionnaire is not required due to one or more exemptions provided in 1-16 above, the exemption shall be clearly stated on the document being recorded.