When two parties want to transfer real estate, they need to use Kansas deed forms as the legal document backing the transaction. Depending on who transfers, what is involved in the transfer, and where the transfer takes place, the forms may look slightly different. All forms discussed below are available from the Kansas Bar Association as free pdfs.
It is possible for the seller of property to file the appropriate forms themselves, but note that any deed must be signed by a notary public and processed in the County Recorder’s Office according to the proper jurisdiction. Visit this page to find Kansas counties.
It may be necessary to complete a title/property search, to protect the transferee against undisclosed interests (such as an active mortgage loan). Each Kansas county has a register of deeds available to search, or you can search online with a subscription.
A general (statutory) warranty deed is the most standard type. This is what a seller uses when transferring property with a warranty or guarantee attached. On a Kansas warranty deed, the seller confirms that they hold legal authority to transfer the property, and that there are no other interests tied into the property or transaction.
A quitclaim deed is virtually similar to a general warranty deed, with the exception that it does not guarantee the acquittal of other interests or property conflicts. In other words, there is slightly less legal protection with a Kansas Quitclaim deed. This is an appropriate option for a buyer and seller who know each other personally and have established trust in their business deal, or if the property transfer is of a non-traditional nature.
A special warranty deed is one step above a quitclaim deed. With a Kansas Special Warranty deed, there is an added layer of protection that guarantees ownership of the seller prior to the transfer.
Some U.S. states are deed of trust states, others (like Kansas) are mortgage states. This has to do with the connection from the mortgage loan to the property, and kept secure with a promissory note. A Kansas Mortgage Deed allows the lender to assume ownership of the Kansas property deed if the payment terms aren’t met.
Other kinds of deeds in Kansas include a Transfer On Death deed, also called a Beneficiary Deed, which puts legal action into place in the event of the property owner’s death.