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Corrective Deeds and Scrivener’s Affidavits

Jeramie Fortenberry

Attorney (J.D., LL.M.)

Last updated Aug 31, 2024

Table of Contents

No matter how meticulous we are, we all make mistakes. These mistakes can cause problems when transferring real estate by deed . They usually fall into one of two categories:

• Mistake in the Deed – For example, misspellings, errors in legal descriptions , taking title in the wrong name, or using wrong form of co-ownership .
• Error in Execution – Examples include using the wrong form of notary acknowledgment, failure have the deed signed by all parties, or (in states like Florida ) failure to have deed properly witnessed.

It is important to correct these types of issues as soon as they are discovered.

Attorney Practice Note: You should not assume that a deed is correct merely because the clerk or other recording office accepts it for recording. The scrutiny that the recording clerk provides differs from state to state and even from county to county. Many clerks will accept any properly-formatted document, even if it contains errors.

Correcting the Deed Before it is Signed and Recorded

If the erroneous deed has not been signed or recorded, the mistake is easy to correct. You only need to correct the deed before it is signed and recorded. There are two ways to do this:

• If you need to make a minor textual change (such as correcting a legal description or a spelling), the best choice is to open the document in word processing software and change the erroneous text. Popular word processing programs include Microsoft Word (free web-based version and paid version for Windows and Mac), Open Office (free for Windows and Mac), Google Drive (free web-based editor), and Pages (for Mac).
• More structural changes (such as adding new owners or changing the type of deed) involve interdependencies that may not be readily apparent. For example, changing a deed to transfer property to two grantees instead of one requires a decision about the way in which the joint owners will hold title. It is best to use our deed creation software to make these types of changes. We allow you to change your answers for 24 hours after you first create the document.

All of this assumes that you catch the error before the document is signed and filed. What happens if a deed with an error in it has already been signed and recorded with the clerk? In that case, you will probably need a Corrective Deed or a Scrivener’s Affidavit .

What is a Corrective Deed?

A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfer interests in real estate, a Corrective Deed does not create a new interest. Instead, the Corrective Deed corrects the documents relating to the prior transfer of interest.

Say, for example, that you sign and record a deed that has a misspelling in the legal description. You may create a Corrective Deed to correct that legal description.

To create a Corrective Deed, start with the document you have already recorded. There are three changes to convert that document to a Corrective Deed.

Change 1: Add “Corrective” to the Title

The first step is to change the title of the deed. This allows third parties—like title companies and lenders—to easily see that the document is being filed to correct a prior deed.

Assume, for example, that the prior deed is a California quitclaim deed . In that case, the deed title will probably be “Quitclaim Deed.” That title should be changed to “Corrective Quitclaim Deed.”

Change 2: Make the Correction

The next step is to correct the error in the prior deed. If the error is a misspelling in the legal description, simply correct that error.

Change 3: Add an Explanation

The final step is to add an explanation for the correction. This provides third parties with a simple statement of why the Corrective Deed is being filed. The explanation should describe the title of the prior document, information about where it was recorded, and the exact change. For example:

This Corrective Quitclaim Deed is made to correct the Quitclaim Deed recorded on January 27, 2015, as Instrument No. 201501311 in Book 1771 at Pages 259-271, in the land records of Los Angeles County, California. The legal description in the Quitclaim Deed recorded on January 27, 2015, inaccurately stated that the Pat B. Harris Survey was recorded in Book 192 when it is actually recorded in Book 162.

This statement clarifies that you are only making a correction and not changing anything that would require the involvement of others. This information can be added anywhere, but usually appears below the legal description in the body of the deed.

What is a Scrivener’s Affidavit?

Scrivener’s Affidavits are sworn statements by the person who drafted a deed. Unlike a Corrective Deed, a Scrivener’s Affidavit doesn’t correct anything. Instead, it simply adds information to the property records to help clarify something about the prior deed.

Example: Assume that Amber Jones conveys property to John Doe. A later deed conveys property from J. Doe to Susan Parker. This creates ambiguity in the chain of title because title examiners do not know with certainty that “John Doe” and “J. Doe” are the same person. In this situation, the person who prepared the second deed may file a Scrivener’s Affidavit stating that “J. Doe is one and the same person as John Doe.” This helps resolve the ambiguity in the title.

Compared to Corrective Deeds, Scrivener’s Affidavits are of limited use. Because a Corrective Deed is signed by the original transferor or transferors and includes all of the information on a single document, a Corrective Deed provides more certainty than a Scrivener’s Affidavit. Scrivener’s Affidavits should only be used when no change needs to be made, but additional information will resolve the title issue.

Limitations of Corrective Deeds and Scrivener’s Affidavits

Note that Corrective Deeds and Scrivener’s Affidavits are used to correct problems that occurred when the original deed was prepared and recorded. You would not use a Corrective Deed or Scrivener’s Affidavit to change the substance of the transaction.

For example, you should not use a Corrective Deed to transfer property to a new owner that was not named in a prior effective deed. That new owner already has rights in the property. If you want someone else to receive the property, the new owner must agree and sign a new deed transferring the property to the person that you now intend to have it.

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LIVING TRUST

What is an assignment of trust deed.

By Tom Streissguth

• What Is a Corporate Assignment of Deed of Trust?

If you own a home, you may have signed a trust deed that gives the mortgage lender a claim on the property. A default on the loan gives the lender the legal authority to foreclose on the loan and take possession of the house. An assignment of a trust deed conveys that claim to another party.

Considerations

Lenders have the right to sell their home loans. This can happen once or several times over the long life of a mortgage. The usual customers for mortgages are banks and other companies that are seeking safe and stable investment returns. This "secondary" market for mortgages is quite active, and a lender has plenty of opportunity to sell a mortgage and turn a profit. Read More: What Is a Corporate Assignment of Deed of Trust?

When a lender sells the loan, it assigns the trust deed to the buyer. “Assignment” means to convey a claim or a right to another party, known as the “assignee.” This is done by creating another legal document — the assignment of trust deed — and having it signed by both buyer and seller. The trust deed, and other documents associated with the loan, become the property of the buyer.

The assignment of trust deed is a short, usually single-page document. The body text gives the names of the deed buyer and the property owner, the date of the original trust deed, and the legal description of the property for which the original deed was executed. It may also give the terms of the deed sale. The seller signs and dates the document, and has it notarized. The buyer then has the assignment of trust deed recorded with the registrar of the county where the property is located.

A borrower has no legal right to block or negotiate the terms of an assignment of trust deed. The assignment does not affect the terms of the loan. The monthly payments remain the same, although the borrower will have to send them to a new address. The new owner of the trust deed becomes the lender and collects all mortgage payments, sometimes on its own and sometimes through a servicing company. If a default occurs, the latest assignee has the right to foreclose and repossess the home.

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Founder/president of the innovative reference publisher The Archive LLC, Tom Streissguth has been a self-employed business owner, independent bookseller and freelance author in the school/library market. Holding a bachelor's degree from Yale, Streissguth has published more than 100 works of history, biography, current affairs and geography for young readers.

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The old Scrivener’s Affidavit Gets Some Teeth

A new statute in North Carolina creates a process by which some legal description errors can be corrected without litigation.

You’ve recorded your deed of trust and later discover that there is a mistake in the document.  The subdivision name is misspelled, the legal description recites an incorrect plat page, or there’s a typo in one of the calls in the legal description, for example.  So long as the error is not fatal to the lien (i.e., the instrument is otherwise legally valid or the property is otherwise identifiable), these types of mistakes could historically be corrected with a Scrivener’s Affidavit, otherwise known in North Carolina as an “Affidavit of Correction” pursuant to N.C. Gen. Stat. § 47-36.1.  That statute allowed the drafter of the instrument to record an Affidavit which described the error and clarified the correct information for the record in the hopes that the typo would not be carried forward in subsequent instruments.

The Statute was intended to be used only for typographical errors. These are the kinds of errors that do not materially affect the interpretation of the instrument or the description of the property; the kind of thing you can look at and “know”, in light of the rest of the information in the document, is a typo.  An angle of 790 degrees, a page number that doesn’t exist, or a call that runs for 100 acres rather than feet, for example.  A simple typo could be pointed out and clarified, for the record, by a simple affidavit.

In recent years, this simple affidavit morphed into a cure-all.  Title vendors and even some lawyers began using them in situations where the mistake was more severe.   In one example, such an affidavit was used in an attempt to add a legal description where one had not existed.  In another, a different lot number was substituted for the one stated in the original instrument.  In a third, a completely different plat of similar property was swapped.  These kinds of changes call into question the original intent of the parties and change the legal effect of the instrument.  Thus, they require the consent of the original parties and the attempts to correct them otherwise fail as a matter of law.

To stem this abuse and clarify the process for correcting errors in recorded documents, the North Carolina legislature has passed House Bill 584 which is effective on August 31, 2018.  The statute clarifies the use of the old scrivener’s affidavit, now referred to as a “Corrective Notice” and creates a process for making true corrections to legal description errors.

The revisions emphasize that only a “nonmaterial typographical or other minor error” may be the subject of a Corrective Notice.  It goes on to provide that “… an error that would affect the respective rights of any party to the instrument” is not such an error.  In other words, if the mistake is one that would require the signature of the parties to correct, the affidavit is not a proper cure.

The legislature went a bit further and provided a process by which obvious description errors could be cured.  This process must be undertaken by an “Authorized Attorney” who is licensed in North Carolina and who drafted the instrument, represents a party to the instrument or represents a title insurer of the property.  First, a “Notice of Intent” to cure, along with a copy of the proposed unsigned curative affidavit, must be served on all parties to the instrument and anyone who would be affected by the correction.  Service must be made in the same way a summons and complaint are served in North Carolina which includes certified mail.  Following receipt of the Notice, the person served has 30 days to object in writing to the affidavit or dispute the facts underlying same.  If no objection is received and 45 days have elapsed since the last person was served, the authorized attorney may then sign and record the affidavit.

While the old scrivener’s affidavit highlights a mistake and puts the world on notice of a correction going forward, the new statute provides a process to actually cure the error, which cure relates back to the original recording date of the instrument.

The legal question of whether an error is “material”, and thus whether these statutes are appropriate in a given situation, depends on many factors and should be answered by a North Carolina attorney who is familiar with the laws concerning title to real property.

Published by  Lanée Borsman  on July 31, 2018.

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• Correcting a Defective Deed of Trust

May 21, 2020 by Jeff D. Rogers

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Secured loans are made every day by banks, credit unions, and other financial lenders. If the security for repayment of a loan is real estate, the security is taken in the form of a deed of trust recorded with the Register of Deeds of the county where the property is located. Usually, the deed of trust is properly prepared and executed, and once recorded, the deed of trust becomes a lien on the property securing repayment of the debt. If a default should occur under the debt, the property may be foreclosed.

However, mistakes do happen when loan documents are drafted or executed. If the deed of trust contains an error, the security in the property is threatened. What is believed to be a secured loan may, in fact, be unsecured because of the defective deed of trust. Most defects in deeds of trust are discovered when a default triggers foreclosure , and the lender hires an attorney to act as Trustee in the foreclosure. The Trustee’s office will conduct a title search of the property, and the mistake is discovered. What then? Is the deed of trust valid? Does the lender have the lien it thought it had? Many times, the answer is “no . ”  Fortunately, most mistakes can be fixed.

What mistakes do you ask?

Well, there are more errors than you may think, including incorrect or missing notary acknowledgments, inaccurate or incomplete legal descriptions, missing signatures, and incorrect public recording.

Some errors can be corrected by curative statutes . These statutes were enacted to correct certain mistakes contained in documents that have been recorded in the public records for a prescribed period of time where there has been no objection to the document raised by some other party. Defective notary acknowledgments can often be cured through the use of these curative statutes. Also, if the notary can be located, he or she may be able to essentially re-notarize the document and record an affidavit to that effect. Minor or typographical errors, called Scrivener’s errors , can often be corrected through either re-recording of the deed of trust or by recording an instrument explaining and correcting the error.

However, many errors cannot be cured except by a lawsuit. Referred to as Reformation, this type of lawsuit requests a court to correct the deed of trust to reflect the intent of the parties. Reformation is a recognized equitable remedy available to correct a mistake in a document where the document does not reflect the intention of the parties to the document.

Let’s say Mr. Smith owns both Lots 1 and 2 in a subdivision. Both Mr. Smith and the lender intended both lots to be the collateral to secure repayment of a loan. Mistakenly, however, the property described in the deed of trust only included Lot 1. Now the lender has a lien on only part of the property; a mistake by both parties.

A deed of trust, which incorrectly or incompletely describes the secured property, is a relatively common occurrence. There are no curative statutes to correct this error, and this error is not considered a minor or Scrivener’s error, allowing for re-recording of the deed of trust absent the consent of Mr. Smith. A mistake of this significance can be corrected one of two ways: if the parties are in agreement, and there are no intervening liens attaching to the property, the parties can re-acknowledge and re-affirm the deed of trust by a written, notarized, and recorded document; or if the parties are not in agreement (let’s say because of a delinquent debt and need for foreclosure) the lender can file a lawsuit to reform, or correct , the deed of trust.

Reformation is not limited to correcting errors in deeds of trust. Documents such as lease agreements, easements, rights-of-way, contracts, and deeds can also be corrected through Reformation.

Mistakes do happen during the drafting and recording of documents. When an error is discovered, remedies are usually available to fix the problem.

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A Deed of Trust can be Assigned Apart from the Note, and that often occurs just before a foreclosure. But What Does That Mean? Not Much, the Deed of Trust is Inseparable from the Note

Notes and Deeds of Trust are often assigned to different parties. The question posed is what happens if the Deed of Trust alone is assigned ? A typical assignment of the Deed of Trust alone will purport to assign “all beneficial interest under that certain Deed of Trust dated xyz..” But the long-established law in California is clear: the beneficial interest under a Deed of Trust is held by the party who holds the Note (or is entitled to enforce it), without regard to the assignment of the Deed of Trust .

The subject was again addressed by the California Courts in Domarad v. Fisher & Burke, Inc. (1969) 270 Cal. App. 2d 543 ). The Court noted that a deed of trust is a mere incident of the debt it secures and that an assignment of the debt carries with it the security. “The deed of trust is inseparable from the debt and always abides with the debt, and it has no market or ascertainable value, apart from the obligation it secures and that a deed of trust has no assignable quality independent of the debt, it may not be assigned or transferred apart from the debt, and an attempt to assign the deed of trust without a transfer of the debt is without effect. (emph. added)”

In Stockwell v. Barnum ((1908) 7 Cal. App. 413) the Court stated that this Code “is wholly foreign to deeds of trust, which, instead of creating a lien only, as in the case of a mortgage, passes the legal title to the trustee, thus enabling him in executing the trust to transfer to the purchaser a marketable record title. It is immaterial who holds the note. The transferee of a negotiable promissory note, payment of which is secured by a deed of trust whereby the title to the property and power of sale in case of default is vested in a third party as trustee, is not an incumbrancer to whom power of sale is given…” Stockwell @ 417.

And more recently “it has been established since 1908 that this statutory requirement that an assignment of the beneficial interest in a debt secured by real property must be recorded in order for the assignee to exercise the power of sale applies only to a mortgage and not to a deed of trust.” ( Calvo v. HSBC Bank USA, N.A. (2011) 199 Cal.App.4th 118 , 122.)

Why is that? There is a technical difference between the two security instruments. The mortgage only involves two parties –the borrower who grants the power of sale to the lender, and the lender who then holds the beneficial interest in the mortgage plus the power of sale. A deed of trust, on the other hand, involves three parties: the borrower, the lender, and the trustee who is granted conditional title to the encumbered property as well as the power of sale.

Thus, the deed of trust may thus be assigned one or multiple times over the life of the loan it secures. But if the borrower defaults on the loan, only the current beneficiary may direct the trustee to undertake the nonjudicial foreclosure process. “[O]nly the ‘true owner’ or ‘beneficial holder’ of a Deed of Trust can bring to completion a nonjudicial foreclosure under California law.” Yvanova v. New Century Mortgage (62 Cal. 4th 919) (2016)

An Alternative The Commercial Code also provides a mechanism for recording an assignment of the security if there has been an off-record transfer of the note but no recorded assignment of the deed of trust or mortgage. The buyer of the note can record a copy of the transfer agreement whereby the note was acquired, together with a sworn statement that a default has occurred, and in that event may proceed with a nonjudicial foreclosure. ( Cal. Com. Code, § 9607, subd. (b))

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Deed Of Trust: What It Is And How It Works

Updated: Mar 2, 2023, 3:15am

Buying property usually comes with an avalanche of paperwork. It can be a confusing process, especially when it comes to knowing the difference between the various documents you sign. If there’s one contract that’s important to understand, however, it’s the deed of trust.

Depending on your lender and the state you live in, you may or may not need a deed of trust when financing a home purchase. Here’s what you should know about this contract and how it differs from a mortgage .

What Is a Deed Of Trust?

When you finance the purchase of a property, you will sign either a mortgage or deed of trust—but not both. You can take out a mortgage in all 50 U.S. states, while a deed of trust is only available in some states.

A deed of trust is a legal document that secures a real estate transaction. It works similarly to a mortgage, though it’s not quite the same thing. Essentially, it states that a designated third party holds legal title to your property until you’ve paid it off according to the terms of your loan. Deeds of trust are recorded in public records just like a mortgage.

How Does a Deed of Trust Work?

A deed of trust exists so that the lender has some recourse if you don’t pay your loan as agreed. There are three parties involved in a deed of trust: the trustor, the beneficiary and the trustee.

The three parties involved in a deed of trust for a real estate transaction are a:

• Trustor. This is the person whose assets are being held in the trust, also known as the borrower (i.e., you). The title to your home is held by the trust until the loan is paid off. Even so, you remain the equitable owner as long as you keep paying the loan according to the terms outlined in the deed of trust. That means you enjoy all the benefits of being the homeowner, such as the right to live there and gain equity, even though you aren’t the legal title holder.
• Beneficiary. The beneficiary is the party whose investment interest is being protected. Usually, that’s the lender, though it also can be an individual with whom you have a contract.
• Trustee. The trustee holds the legal title of the property while you’re making payments on the loan. Trustees often are title companies, but not always. Once you’ve paid off your loan, the trustee is responsible for dissolving the trust and transferring the title to you.

If you sell the property before it’s paid off, the trustee will use proceeds of the sale to pay the lender the remaining balance (you keep the profits). If you fail to meet your payment obligations and default on the mortgage, the property would go into foreclosure , and the trustee would be responsible for selling the property.

What Is Included in a Deed of Trust

A deed of trust includes many important details about your property, loan and related terms and conditions—much of the same information you would find in your mortgage. Typically, you’ll find the following outlined in a deed of trust:

• The names of the parties involved (the trustee, trustor and beneficiary)
• The original loan amount and repayment terms
• A legal description of the property
• The inception and maturity dates of the loan
• Various clauses, such as acceleration and alienation clauses
• Any riders regarding the clauses outlined

It’s common for a deed of trust to include acceleration and alienation clauses. If you’re delinquent on your loan, it can trigger the acceleration clause—essentially a demand for immediate repayment of the loan. Depending on the terms, this can happen after missing just one payment, though lenders often give a few months of leeway to allow the borrower to catch up on payments. If you fail to do so under the terms outlined in the acceleration clause, the next step is formal foreclosure proceedings.

An alienation clause is also known as a due-on-sale clause and it prevents anyone who buys the property to take on the loan under its current terms. Instead, the alienation clause would dictate that the loan must be paid in full if you sell the property.

Depending on your state, the deed of trust may also include a power of sales clause. This allows for a much faster foreclosure process than if your lender had to involve the state courts in a judicial foreclosure. That said, you won’t be foreclosed on overnight under a power of sales clause; the exact process differs by state and lender. Still, if you’re facing a nonjudicial foreclosure, it can happen in a matter of months. If you want to formally fight the foreclosure, you’ll need to hire a lawyer.

States that allow power of sale foreclosures include: Alabama, Alaska, Arizona, Arkansas, California, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wyoming.

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Deed of Trust Vs. Mortgage

The terms “deed of trust” and “mortgage” are often used interchangeably, but they’re really two different things. That said, there are also some similarities. To review, here are the key ways a mortgage and deed of trust are similar as well as different.

Similarities

• Public record: Both documents are recorded with the county clerk.
• Subject to state law: The exact terms of a mortgage or a deed of trust depend on the local state law.
• Contracts, not loans: Neither document serves as the actual loan agreement; a deed of trust or mortgage is a contract that places a lien on your property and dictates how your lender can repossess the property through foreclosure.

Differences

• Parties involved: A mortgage is an agreement between a borrower and lender, while a deed of trust involves a trustor, beneficiary and trustee.
• Foreclosure type: A mortgage requires a judicial foreclosure, while a deed of trust allows for a nonjudicial foreclosure.
• Foreclosure timeline: Judicial foreclosure on a mortgage can be a lengthy process, while nonjudicial foreclosure through a deed of trust is much faster.

What’s the Advantage of a Trust Deed Over a Mortgage?

If the borrower defaults, a trust deed makes it possible for the lender to sell the property without having to go to court. With a mortgage, the lender has to file a foreclosure claim in court and secure a judge’s approval to sell the property. This can mean a lot of expenses for both the borrower and the lender.

If you are investing in a real estate project, a trust deed also has a few advantages over a mortgage. This is because the investor is considered the lender in the transaction, and their name is recorded on the trust deed as such. The investor can receive interest on their “loan” and the principal is repaid in full once the property has been built.

Warranty Deed Vs. Deed of Trust

Both a warranty deed and deed of trust are used to transfer the title of a property from one person to another. However, the difference between these two contracts is who is protected. As you now know, a deed of trust protects the beneficiary (lender). A warranty deed, on the other hand, protects the property owner.

When a property title is transferred with a warranty deed, ownership goes from the seller (also known as the grantor) to the buyer (also known as the grantee). The warranty deed guarantees that the previous owners, or grantor, had full ownership of the property and right to transfer it. In other words, it promises that you won’t inherit any liens or future claims against the property. It provides peace of mind that you own the property outright once the title is in your name.

Are Trust Deeds a Good Idea?

Trust deeds could be a good idea if you are an investor searching for options to earn passive income, while also being protected via the deed. However, investing in real estate is unpredictable and returns are never guaranteed. A trust deed does not reduce the probability of default or ensure that you will recoup your initial investment.

Consult with a financial advisor or investment professional before going down this route.

Personal finance writer Casey Bond contributed to this article.

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Frequently Asked Questions (FAQs)

What is an assignment of deed of trust.

An assignment of trust deed is necessary if a lender sells a loan secured by a trust deed. It assigns the trust deed to whoever buys the loan (such as another lender), granting them all the rights to the property. It is recorded along with the original, making it a matter of public record.

What happens with the deed of trust after you pay off your mortgage?

Once you pay off your loan, the trustee is responsible for releasing the trust and transferring the title to you. You now have full ownership of the home.

Can you sell a house with a deed of trust?

Yes, you can. However, if you are selling the house for less than the loan amount, you will need the lender’s approval. Once the property is sold, the trustee uses the proceeds to pay the lender what they are still owed. The borrower then gets any money that is left over.

How long does a deed of trust last?

A deed of trust, like a mortgage, typically has a maturity date, which is when the loan must be paid off in full. That date will vary transaction to transaction. Sometimes a deed of trust won’t have a maturity date. In this scenario, state law dictates the number of years a deed of trust lasts, anywhere from 10 to 60 years after it was recorded.

What is a purchase money deed of trust?

A purchase money deed of trust secures the funds used to buy the property. It also gives the buyer priority over any liens or encumbrances against them

Does a deed of trust show ownership?

No. A deed of trust is a legal document that secures a real estate transaction. It only shows that a designated third party holds legal title—i.e. ownership—to your property until you’ve paid it off, according to the terms of your loan.

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The Register of Deeds Office is responsible for recording all transactions relating to real estate in Kiowa County. This includes deeds, mortgages, oil and gas leases, and platted additions to all cities in the county. Our office also files financing statements under the uniform commercial code, federal and state tax liens, mechanics liens on personal property, powers of attorney, county school records, death certificates and military discharges.

All records in this office are open to the public with the exception of the Kansas Real Estate Sales Validation Questionnaire, which is a closed record (with a few exceptions) by state statute. Copy charges are $1.00 per page. Faxed copies are billed at $2.00 per page.

Please remember Register of Deeds are recorders not researchers. This office will not be responsible for missed documents and information.

Mission Statement

To provide the citizens of Kiowa County information and accurate records in a fast and friendly manner.

General Recording Requirements

Instruments must contain original signatures (both signers and notary public), be notarized, contain a Kiowa 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 (one-part form accepted in 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:

• Recorded prior to the effective date of this act
• Made solely for the purpose of securing or releasing security for a debt or other obligation
• 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 instrument
• 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 on party transfers interest in property 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 five years
• By way of a quit claim deed filed for the purpose of clearing title encumbrances
• When title is transferred to convey right-of-way or pursuant of 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
• 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.

You can download the Kansas Real Estate Sales Validation Questionnaire from the Kansas Department of Revenue website .

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

• REGISTER OF DEEDS OFFICE
• FEE SCHEDULED CALENDER YEAR

For recording deeds, mortgages, or other instruments or writing, for the first page (Not to exceed legal size pages 8 1/2″ X 14″)……………………………………………………………………………….. $21.00

For second page and each additional page or fraction thereof (Includes Technology Fees and Heritage Trust Fund Fee)…………………………………………………………………………….. $17.00

Recording real estate mortgage assignment or release for the first page (Includes Technology Fees and Heritage Trust Fund Fee)……………………………………………………………………. $20.00

For second page and each additional page or fraction thereof of assignment or lease……………………………………………………………………….. $4.00

Recording town plats, for each page……………………………………………………………………….. $32.00

Certificate, certifying any instrument of record…………………………………………………………………….. $13.00

Acknowledgment of signature…………………………………………………………………… $12.50

For filing liens for materials and services under K.S.A 58-201……………………………………………………………………………. $17.00

Lis Pendens K.S.A. 60-2201…………………………………………………………………………… $5.00

Federal Tax Lien Notices………………………………………………………………………… $32.00

Federal Tax Lien Release………………………………………………………………………. $32.00

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)…………………………………………………………………………………. $71.00

K.S.A. 39-709(g) Medical Assistance Lien due at time of filing (First page only, additional fees apply for second and additional pages and fractions thereof)*…………………………………………………………………………….. $0.00

K.S.A 39-709(g) Medical Assistance Lien assignment of release for the first page…………………………………………………………………………………….$ 0.00

UNIFORM COMMERCIAL CODE

Original financing statement………………………………………………….. $15.00

Amended financing statement…………………………………………………. $15.00

Continuation statement……………………………………………………………. $15.00

Financing statement indicating assignment……………………………….. $15.00

Assignment of financing statement……………………………………………. $15.00

Statement of release of all or a part of any collateral described in filed financing statement………………………………………………………………….. $15.00

Real Estate mortgage subject to K.S.A 84-9-502 *Fixture Filing……. $15.00

Termination Statement……………………………………………………………… $15.00

Written UCC information request, per debtor name…………………….. $15.00

Copy request: a copy of any filed financing statement per page……….. $1.00

Certified Copy, in addition to any copying expenses……………………….. $7.50

K.S.A. 79-2616(d) Federal Tax Lien Certificate………………………………. $7.50

K.S.A. 79-2616(d) Copy of Federal Tax Lien (per page)…………………… $1.00

Attachments, per page (after first ten pages, which are included in initial fee)……………………………………………………………………………………………. $1.00

If the name or names of any signer or notary public are not plainly typed or printed under the signature the register of deeds shall charge and collect a fee of $1.00 in addition to all other fees provided in this schedule. K.S.A. 28-115(d)

If sufficient space is not provided for the necessary recording information and certification on a document, such information shall be placed on an additional sheet and such sheet shall be counted as a page.

The document shall be of 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 an legible reproduction 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.

*No fee shall be charged or collected for any filing made by the secretary of health and environment or the secretary’s designee pursuant to K.S.A. 28-115(c) If it is unclear that the person requesting filing is the secretary’s designee, standard filing fees shall be collected.

KANSAS OPEN RECORDS ACT STATEMENT

“ No person shall knowingly sell, give or receive, for the purpose of selling or offering for sale any property or service to persons listed therein, any list of names and addresses contained in or derived from public records…” K.S.A. 45-230. Any person who knowingly violates this law is liable for payment of a civil penalty in a action brought by the attorney general or district attorney in a sum set by the court not to exceed $500 for each violation. Violators will be reported to the District Attorney. By accessing this site, the user makes the following certification pursuant to K.S.A. 45-220(c)(2): “the requestor does not intend to, and will not: (A) Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering fro sale any property or service to any person listed or to any person who resided at any address listed; or (B) sell, give or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed.”

Register of Deeds Terri Butler [email protected]

Deputy Register of Deeds Cheyenne Morehead [email protected]

620-723-2441 (Phone) 620-723-1033 (Fax)

Office Hours

Normal Business hours are 8:00 A.M. – 5:00 P.M., Monday-Friday.

The Register of Deeds is located in the Northwest corner of the main floor of the Kiowa County Courthouse.

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Register of Deeds

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The Register of Deeds is elected by the people and serves a four-year term. This office records, indexes, and stores all real estate and business related documents that are presented for registration.

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