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Register of Deeds Office

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1. What is the Register of Deeds Office?

The Register of Deeds Office is a place where all transactions having to do with land (including most liens and mortgages) are recorded and maintained so that the public is made aware of their existence. This is also a place where financing statements and security agreements are filed on personal property under the Uniform Commercial Code.

2. What is a deed?

The deed is an instrument by which the buyer obtains title to the piece of property being sold. A deed comes in many forms. The most common source of passing title is called a warranty deed. The seller warrants that he has a good and clear title and guarantees that his predecessors have no interest in the title.

There is also a quit-claim deed. This is used to obtain a release from a person who is believed to have some interest in or claim to the property. By this form of deed, the grantor "quits" any claim he might have.

3. What if I lost my deed?

The primary evidence of ownership of land is not so much the deed itself as the recording of the deed. Once recorded, the original deed is returned to the new owner who usually deposits it in a safe place with his or her important papers. If the property is mortgaged at the time of sale, the original recorded deed is returned to the mortgage company who in turn gives it to the owner when the mortgage is satisfied.

If your deed is misplaced or lost, a copy may be obtained from the Register of Deeds Office and certified with its official stamp. The copy may then be kept among the buyer's personal records.

4. Does a deed have to be recorded?

A deed should be recorded as promptly after the transaction as possible. Failure to record a deed could render the transfer or mortgaging of the property impossible and create numerous legal difficulties. Although there is no time limit on recording deeds, it should be done as promptly as possible.

5. What is a lien?

Many times the owner of property may owe money to various creditors. The lien allows the creditors a means of preventing the property from being either sold or mortgaged until the debt is paid.

There are many types of liens filed in the Register of Deeds Office: Internal Revenue and State Tax liens (for non-payment of taxes), and mechanics liens (for labor and material furnished in repair of personal property). However, a mechanic lien on real estate is filed with the clerk of the district court.

6. What happens to a document when it is brought to the register of deeds?

There are a number of steps that are taken when a document is brought or mailed in to be recorded before it is mailed back to the concerned party. The document is first examined for obvious errors and recordability and the correct fee for recording is ascertained. Then the filing stamp is placed on the document that contains the time, date, and amount of filing fee.

If the document is a mortgage, a mortgage stamp is affixed giving the amount of indebtedness and the mortgage tax on that indebtedness. Then a book and page is placed on the document. It is then indexed in the proper land record and then the information is put in the computer. Each morning, the preceding day's recording is scanned for the permanent record.

The recording fees are set by law, which is now $8 for the first page plus $4 for each additional page. Before a mortgage is recorded, a mortgage registration fee of $.26 per $100 of indebtedness is required to be paid. A release or assignment of mortgage is $7 plus $2 each additional. Plats of new additions to the city or county are $20.

7. How long will it take for a deed or other documents to be returned?

After indexing, putting data in the computer, proof-reading, and scanning, the documents are sorted and envelopes addressed and they are ready to be put in the mail the following day after the document is received.

8. How do I find the deed to my house?

The easiest way to locate your deed or mortgage is to provide the register of deeds with the legal description of your property. If you do not know this, we can usually find this information for you by your address. The deed can then be copied for a fee of $1 per page. A certified copy can be made for $1 per page for the copy work and $1 per document for the certification.

9. Can I locate the mortgage on my house in the Register of Deeds Office?

Yes. This can be done in the same way you can locate your deed.

10. Who do I talk to in the Register of Deeds Office?

The office staff of the Register of Deeds Office will be more than happy to answer whatever questions you may have. It is better if you personally visit the office. However, if you cannot do that, you may obtain certain information over the phone. Since there are certain kinds of information that can only be answered by an attorney, it would not be feasible to have the information given to you by one who is not an attorney.

Basically, the Register of Deeds Office is a recording agency only, and therefore the information it gives out is limited to that which is contained in the records. If you wish to call, the number is 620-694-2942.

The Register of Deeds Office is open to the general public during the hours of 8 a.m. to 5 p.m., Monday through Friday, excluding holidays.

11. May I make out my own deed?

Yes, you could, but the register of deeds and staff always recommend that you consult an attorney or title company. The Register of Deeds Office is a recording agency and therefore cannot make out deeds or answer those questions that pertain to legal matters.

12. Can you record property in the Reno County Register of Deeds Office if the property is not located in Reno County?

No. The property, or part of it, has to be located in Reno County.

13. Can the Register of Deeds Office tell you if you have a good and clear title?

No. Professional title examiners or abstractors use the records in our office, as well as searching records in other offices to determine if the title is good and clear.

14. What other kinds of records would I find in the Register of Deeds Office?

Besides deeds, mortgages, and liens, there are oil and gas leases and other documents having to do with these leases, plats of additions, and subdivisions to the cities of Reno County, easements, restrictive covenants, county school records, military discharges, powers of attorney, corporate records, releases and assignments, and many other miscellaneous documents.

15. How far back do the records go?

The earliest records in the Register of Deeds Office, written in elaborate manuscript, date back to 1872. Among the early records are the Final Receipts and Patents Deeds recorded when land was bought from the United States Government that are signed by the president of the United States.

16. What is Uniform Commercial Code (UCC)?

The Uniform Commercial Code, more commonly known as UCC, became effective in Kansas in 1966. As the name implies, it is a code developed for uniform filing on personal property throughout the United States. Like all uniform attempts, fees, and other things are different, but the basic concepts of security regulations are more uniform.

The filing of a UCC is what perfects or secures the loan on consumer goods or personal property. The filing fee is $15 for the first 10 pages and $1 for each additional page.

17. Who runs the Register of Deeds Office?

The Register of Deeds Office is administered by a person called the registrar of deeds, who in turn has a chief deputy and a staff of persons that perform various duties.

18. Who is the registrar of deeds?

The registrar of deeds is an elected official for a four-year term who makes certain that the documents are recorded properly according to the laws of the state and maintains and preserves those records.

19. Where is the register of deeds office located?

The office is located on the first floor of the Reno County Courthouse at 206 West First Avenue in Hutchinson, Kansas.

20. Additional Information

In most legal proceedings, the only legally acceptable evidence of title is that which is found in the public record as maintained in the office of the register of deeds. The individual's private interest in land is secure only if the public record is complete, properly managed, and accessible when needed.

It must be recognized, however, that the public record cannot help the property owner who fails to place the necessary papers in the record at the proper time. Documents must be recorded, filed, and indexed before they can serve their intended role.