The Register of Deeds is responsible for all transactions relating to real estate located in Leavenworth County. This includes deeds, mortgages, affidavits, assignment, easement, oil and gas leases, surveys, death certicates, plats and maps.
The Register of Deeds also files financing statements and security agreements on personal property under the uniform commercial code, Federal and state liens, and military discharges.
Real estate documents are recorded and filed of record as soon as they are received and returned to the customer the next day.
As many of you know, Kansas House Bill 2643 passed in the last legislative Session. These changes will become a permanent part of both K.S.A 28-115 and K.S.A. 79-3102 which govern both the recording fees and the mortgage registration fees (now called mortgage registration tax) for the Register of Deeds offices statewide and will take effect January 1, 2015. I have enclosed a copy of the new fee chart for your convenience. The enclosed fee chart is only good for 2015, whereas the Uniform Commercial Code fees only change this next year, therefore, the chart can be kept for future years reference. I plan to follow up the next three years by sending out the new recording fee chart for each year.
As a part of HB 2643 “Mortgage Registration Fee” now known as “Mortgage Registration Tax” will be gradually reduced over the next Five (5) years and recording fees will be increased during this period. Beginning January 1, 2015, the Mortgage Registration Tax rate will be .20% (.20 cents per $100.00). This rate will continue to reduce each year, with 2019 having no Mortgage Registration Tax.
Another change regarding Mortgages, is that there will be a cap on the Recording fee only. A Mortgage of $75,000.00 or less is eligible for a cap of $125.00, if the Mortgage meets the following three (3) requirements: (Mortgage Tax will still be collected in addition to the recording fee on cap Mortgages at the reduced rate until 2019.)
1) Must be a single family home.
2) Must be the primary resident of the Mortgagor.
3) Mortgage amount must be $75,000.00 or less. This cannot be $75,000.01 or more.
The Bank is responsible to notify the recording office that these requirements are met. They must be listed on the Mortgage or on an affidavit stating these facts. I have included a Mortgage Cap Affidavit that you are welcome to use or feel free to prepare your own.
All pages submitted with a mortgage, including any affidavits, will be subject to recording fees. Mortgage Registration Affidavits will no longer be a free page to record nor will the Mortgage Cap Affidavit.
If you would like to see Kansas House Bill 2643 in its entirety, you can search it on line at kslegislature.org
I hope that this will help you understand the changes that will be coming in 2015. If you would like any further explanation, please feel free to contact me and I will do everything I can to help you through these changes.
Stacy R. Driscoll
Leavenworth County Register of Deeds
As you are preparing for any end of the year closings, please be aware that if any documents require a 2014 recording date, they will need to be in our office NO LATER THAN 12:00 P.M on December 31st, 2014. This will allow us to install our software updates with the new changes and be ready for business on January 1, 2014.