28-115. Fees of register of deeds; monthly billing to internal revenue service; standards for documents to be filed; disposition of fees.
28-115
28-115. Fees of register of deeds; monthly billingto internal revenue service; standards for documents to be filed; dispositionof fees.(a) The register of deeds of each county shall charge and collect thefollowing fees:
For recording deeds, mortgages or other instruments of writing, forfirst page, not to exceed legal size page--8 ½" x 14".................$6.00
For second page and each additional page or fraction thereof.................2.00
Recording town plats, for each page.................20.00
Recording release or assignment of real estate mortgage.................5.00
Certificate, certifying any instrument on record.................1.00
Acknowledgment of a signature..................50
For filing notices of tax liens under the internal revenue laws of theUnited States.................5.00
For filing releases of tax liens, certificates of discharge, under theinternal revenue laws of the United States or the revenue laws of the stateof Kansas.................5.00
For filing liens for materials and services underK.S.A. 58-201, and amendments thereto.................5.00
(b) In addition to the fees required to be charged and collected pursuantto subsection (a), the register of deeds shall charge and collect an additionalfee of $2 per page for recording:
(1) The first page of any deeds, mortgages or other instruments of writing,not to exceed legal size--8 ½" x 14";
(2) the second page and each additional page or fraction of any deeds,mortgages or instruments of writing; and
(3) a release or assignment of real estate mortgage.
Any fees collectedpursuant to this subsection shall be paid by the register of deeds to thecounty treasurer. The county treasurer shall deposit such funds in the registerof deeds technology fund as provided byK.S.A. 2009 Supp.28-115a, andamendments thereto.
(c) For any filing or service provided for in the uniform commercialcode, the amount therein provided, shall be charged and collected. No feeshall be charged or collected for any filing made by the department ofrevenue as required under the provisions of the Kansas inheritance taxact, and amendments thereto.
(d) If the name or names of the signer or signers or any notary publicto any instrument to be recorded are not plainly typed or printed under thesignatures affixed to the instrument, the register of deeds shall charge andcollect a fee of $1 in addition to all other fees provided in this section.
(e) If sufficient space is not provided for the necessary recordinginformation and certification on a document, such recording informationshall be placed on an added sheet and such sheet shall be counted as apage. The document shall beof sufficient legibility so as to produce a clear and legible reproductionthereof. If a document is judged not to be of sufficient legibility so asto produce a clear and legible reproduction, such document shall beaccompanied by an exact copy thereof which shall be of sufficient legibility soas to produce a clear and legible reproduction thereof and which shall berecorded contemporaneously with the document and shall be counted as additionalpages. The register of deeds may reject any document which is not of sufficientlegibility so as to produce a clear and legible reproduction thereof.
(f) Any document which was filed on or after January 1, 1989, whichwas of a size print or type smaller than 8-point type but which otherwise wasproperly filed shall be deemed to be validly filed.
(g) All fees required to be collected pursuant to this section, exceptthose charged for the filing of liens and releases of tax liens under theinternal revenue laws of the United States, shall be due and payable before theregister of deeds shall be required to do the work. If the register of deedsfails to collect any of the fees provided in this section, the amount of thefees at the end of each quarter shall be deducted from the register's salary.
(h) Except as otherwise provided by subsection (b), all feesrequired to be collected pursuant to this sectionshall be paid by the register of deeds to the county treasurer and depositedinto the general fund of the county.
History: L. 1913, ch. 197, § 15; R.S. 1923, 28-115;L. 1949, ch. 260, § 4;L. 1955, ch. 214, § 1;L. 1959, ch. 184, § 1;L. 1965, ch. 564, § 401;L. 1967, ch. 215, § 1;L. 1970, ch. 148, § 1;L. 1973, ch. 174, § 1;L. 1976, ch. 194, § 1;L. 1979, ch. 316, § 13;L. 1983, ch. 129, § 1;L. 1988, ch. 125, § 1;L. 1989, ch. 114, § 1;L. 2002, ch. 98, § 1; July 1.