The Register of Deeds office is a place where all transactions having to do with land including 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 (UCC)

 

A 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.

 

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, many times the original recorded deed is held by the mortgage company who in turn give 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 buyers personal records.

 

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.  There is no time limit on recording deeds.

 

More times the owner of property may owe money to various creditors.  The lien allows the creditors a means of preventing it from being either sold or mortgaged until the debt is paid.  Among the many types of liens are tax liens (for non-payment of taxes) and mechanics liens (for labor and materials furnished in construction).

 

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 evaluated for obvious errors and recordability and the correct fee is ascertained.  There is a Receiving Book in which the information for each document is typed in the order the document is received in the office.  A file stamp is affixed t the document, then it is given a book number, and a page number is stamped on each page.  The file stamp contains the date, time, book and page and fee amount.   It is then entered in the Grantor (seller) and Grantee (buyer) Index Book by name.  The document is then entered into the Numerical Land Index Book by land description.   After all entries are made, the documents are then entered onto the computer by name, book and page, legal description, comments, return address and fees.   Then the documents are microfilmed for the record and returned to the party bringing it to the office for recording.

 

State law sets the recording fee, which are $21.00 for the first page and $17.00 for each additional page.  Before a mortgage is recorded a mortgage registration fee of the amount of the mortgage X’s .005 is required to be paid.  A release or assignment of mortgage is $20.00 per for the first page and $4.00 for each additional page, and Plats of Additions are $32.00. The recording fees for UCC’s are $15.00 for up to 10 pages and $1.00 per page after that.

 

After indexing in all of the books the documents are microfilmed, sorted and envelopes addressed ready to be placed in the mail within 48 hours of receipt.

 

The easiest way to locate your deed would be to supply the Register of Deeds office with the legal description for your property.  The staff will then look in the appropriate numerical land index book for your name to obtain the correct book and page number for your deed.  If you do not know the legal description of your property the address can be entered into the Appraisers menu of the computer to obtain the correct legal description.  Upon locating the book and page number you will then find a copy of your original deed.  You may obtain a copy of your deed for a fee, and it can be certified for an additional fee of $15.00.

 

Yes, normally the mortgage follows the data where you located your deed.

 

The office staff in the office will be more than happy to answer whatever question you may put to them.  It is better if you personally visit the office.  However, if you cannot 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 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 call, the number is 1-785-222-3312.  The Register of Deeds is open to the general public during the hours of 8:30 to 5:00, Monday thru Friday excluding State and National holidays.

 

Yes, you could, but the register of Deeds recommends the retention of an attorney (or other qualified persons (abstract & title companies). The Register of Deeds is a recording agency and therefore cannot make out deeds or answer those questions which pertain to legal matters.

 

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

 

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.

 

Besides deeds, mortgages and liens, there are oil and gas leases, plats of additions to the cities in Rush County, county school records to about 1944, honorable discharges from the armed services, powers of attorney and corporate records.  Our office records a diverse range of very technical documents.

 

The earliest records in the Register of Deeds office, written in manuscript, date back to the later 1880’s.  Among the early records are the patent deeds recorded when the land was bought from the United States government that are signed by President Chester A Arthur.

 

Uniform Commercial Code, more commonly known as UCC, became effective in Kansas in 1966.  As the name implies, a code developed for uniform filing on personal property through- out the USA.   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 Financing Statement is what perfects or secures the loan on consumer goods or personal property.

 

The register of Deeds office is administered by a person called the Register of Deeds.  Who in turns has a Deputy that performs various duties.

 

The Register 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.  The current Register of Deeds is Debi Wherry.

 

The office is located in the Rush County courthouse at 715 Elm, LaCrosse, Kansas.

 

Bring the original Member 4 document that says Honorable Discharge to our office. Thank you for your service.

Please complete the request for DD214 Form and mail it to our office with a legible copy of your drivers license. This form cannot be faxed or emailed. We must have original signatures. We will send up to 5 certified copies at no charge by certified mail. You may also come directly to our office and receive your copies that day.