Pratt County Register of Deeds

General Recording Requirements

Instruments must contain original signatures (both signers and notary public), be notarized, contain a Pratt 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.

Deeds and Affidavits of Equitable Interest must be accompanied by a Kansas Real Estate Sales Validation Questionnaire (three-part form provided by this office) or have the exemption typed on the face of the deed. The exemptions are found in K.S.A. 79-1437e. They are

(1) Recorded prior to the effective date of this act;
(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 instrument;
(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.
(16) 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 of the exemptions provided in subsection (a), the exemption shall be clearly stated on the document being filed.

Mortgages (with a few exceptions) are subject to Kansas Mortgage Registration Tax. The tax is calculated by multiplying the principal indebtedness or the "future advance" clause amount by $.0026. This tax is in addition to the regular filing fees. The state law for this tax may be found at K.S.A. 79-3101 through K.S.A. 79-3107c in the Kansas Statutes Annotated books.

Filing fees are to be paid at the time of filing and are set by state statute K.S.A. 28-115.

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Fees

No fee shall be charged or collected for any filing made by like department of revenue as required under the provisions of the Kansas inheritance tax act, and amendments thereto.

If the name or names of the signer or signers or any notary public to any instrument to be recorded are not plainly typed or printed under the signatures affixed to the instrument. the register of deeds shall charge and collect a fee of ($1.00) in addition to all other fees provided in this section.

In sufficient space is not provided for the necessary recording information and certification on a document, such recording information shall be placed on an added sheet and such sheet shall be counted as a page. The document shall be of sufficient legibility so as to produce a clear and legible reproduction thereof. If a document is judged not to be of sufficient legibility so as to produce a clear and legible reproduction, such document shall be accompanied by an exact copy thereof which shall be of sufficient legibility so as to produce a clear and legible reproduction thereof and which shall be recorded contemporaneously with the document and shall be counted as additional pages. The register of deeds may reject any document which is not of sufficient legibility so as to produce a clear and legible reproduction thereof.

UCC CHANGES EFFECTIVE JULY 1, 2001:

July 1, 2001, the Kansas law concerning UCC filings will change. Senate Bill 366:Revised Article 9 will go into effect. The new statute is KSA-84-9-101 et seq. Under Revision Article 9, financing statements covering consumer goods will be filed in the office of the Secretary of State.

As a result of this change only financing statements covering fixtures, timber to be cut, and as-extracted oil, gas, and other mineral are filed with the Register of Deeds in the county where the land is located. All other financing statements will be filed at the office of the Secretary of State.

To be perfected you should file all financing statements, except for fixture filings pertaining to real estate, with the Secretary of State's office and not with the Register of Deeds. If you send the UCC to a Register of Deeds Office with the correct filing fee, it will be filed with no questions asked. The new law makes it the responsibility of the secured party to be perfected or secured. The Register of Deeds Office can only reject for a few reasons, and wrong place of filing is not one of them. If consumer goods are sent to counties for filing instead of the Secretary of State's office, the filing will not be rejected.

Please seek legal advice or try to obtain a copy of the Revised Article 9, which may be found on the Secretary of State's web site. At the bottom of this notice we have placed a link that will take you directly to the new statute and the national forms. There are many new definitions, forms, and procedures. You MUST use the new forms beginning July 1, 2001, whether you are filing locally or with the Secretary of State. If you are filing a mortgage as a fixture filing, your first page must be the new form and then you may attach the entire mortgage or the pages you deem necessary. If order to file a fixture filing, you still need the record owner's name and complete legal description.

1. We will only accept the standardized UCC filing forms. (National UCC filing form) All others will be rejected.
2. Documents presented for filing must be presented in the proper medium.
3. Filing fees must accompany document. Payment must be made by check or cash. See fee schedule below.
4. Document will be rejected if it cannot be properly indexed.
a. We must have one complete debtor's name and address and one complete secured party's name and address. If multiple names and addresses are given, the UCC filing will be indexed only to the parties with complete or legible information.
b. Failure to provide all information necessary to file the document. In the case of an assignment, failure to provide a name or legible information.
5. No searches will be done by telephone. We will only accept written requests using the new national form.
6. Mechanics Liens and Tax Liens will still be filed at the county level using the old fee schedule.

If you file electronically with the state, it is less expensive. Visit the Kansas Secretary of State web site for their fees and guidelines. When filing at the county level you will need to submit the original and at least one copy if you wish to receive an acknowledgement copy with your file number. Pratt County will also follow this procedure.

Ann Lolly, Kansas Bankers Association, Director of Legal Department
(785) 232-3444

Any document which was filed on or after January 1, 1989, which was a size print or smaller than 8-point type but which otherwise was properly filed shall be deemed to be validly filed.

Except as otherwise provided, all fees provided for in this section shall be paid by the register of deeds to the county treasurer and deposited into the general fund of the county.