Johnson County has been electronically accepting documents for recording since October 2009.
eRecording allows document submitters to prepare and transmit document to TTV quickly and securely, and the recorded documents are returned immediately, rather than waiting for them in the mail.
The Kansas legislature established the Kansas Electronic Recording Commission (KERC) to adopt standards to implement the Uniform Real Property Electronic Recording Act (URPERA). Passed during the 2006 legislative session, the Kansas URPERA authorizes county Registers of Deeds to accept electronic documents for recording, provided that they do so in compliance with standards established by the KERC.
The KERC, in accordance with the provisions of its authorizing legislation, used the electronic recording standards issued by the Property Records Industry Association (PRIA) as the foundation for Kansas standards, expanding upon or clarifying the PRIA standards when necessary.
KERC standards address the following issues:
- Data standards
- Security (transactional and organizational)
- Electronic signatures
- Notary acknowledgment
- File formats for electronic recording
- Records retention and preservation
- Payment of fees
In order for a document submitter to transmit documents to Johnson County electronically, they must use a service provided by one of 4 approved vendors. These vendors act as a secure courier service to and from Johnson County’s recording system. Each provider has their own interface and fee schedule, and TTV suggests all interested submitters contact all 3 to determine which product will work best for their organization.
Note: Johnson County does not charge any additional fees for eRecording.
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eRecording Partners Network
Johnson County accepts most document types for electronic recording. The entire list of eligible document types can be found here.
eRecording provides a method for identifying errors through software, as well as a quick turnaround time for errors to be fixed and the documents resubmitted. Johnson County inspects each document to ensure it fulfills the recording requirements.
Common rejection reasons:
- Incomplete Notary Section (Seal, Signature, County/State, Date, Year or Expiration Date) K.S.A. 53-508
- Signors name must appear in Notary Paragraph. K.S.A. 53-508
- Not a Johnson County, Kansas filing.
- Names are not typed or printed under ALL signatures. Notary rubber stamps with the name included will be accepted. Raised Notary seals must have the name
- A Mortgage Registration Fee Affidavit is required to avoid repayment of mortgage registration tax on a document which has been previously filed and mortgage registration tax collected. K.S.A. 79-3102(d)
- Need mortgage information for all mortgage(s) where taxes were paid
- Lender has changed. Lender's name must be exactly the same as on the original
- A legal description is required on the document.
- Bk and pg # of the doc being assigned or released is required per K.S.A. 58-2308. Docs filed after Dec 1, 2003 must have 6 digits for Bk and 6 digits for pg. Docs filed prior to Dec 1, 2003 MAY have up to 4 digits for bk # and up to 3 digits for pg
- We require a 3" top margin on 1st page of doc, 1" margin on sides & bottom, & 1" margins (top, sides & bottom) on each additional page. A cover sheet including the doc type, 1st & 2nd parties & legal description can be used. K.S.A. 28-115(
- All assignments shall clearly set forth the full name of the assignee, together with the assignee’s address. K.S.A 58-2319
- The grantor’s name on the deed is not how it appears on the tax roll.
- The legal description on the deed is incorrect.
- A Real Estate Sales Validation Questionnaire or Exemption number (printed on the deed) is required. K.S.A. 79-1427(c)
- On a sales validation questionnaire, ALL blanks must be filled in and ALL questions must be answered. If you choose exemption #4, you must include the verbiage “by way of gift, donation or contribution stated on the deed.”
- Document presented is illegible. The quality of the document presented for recording is not adequate for digital scanning. K.S.A. 28-115(e)
- A Re-file Affidavit may not be used in this instance. Document must be re-signed and re-notarized