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DEED PREPARATION 
Frequently Asked Questions

General Information

How do I add or change names on a deed?

How do I remove the name of deceased owner from a deed?

Common reasons for document rejections



GENERAL INFORMATION REGARDING
INSTRUMENTS OF CONVEYANCE


Legal instruments such as Warranty Deeds or Quit Claim Deeds convey title from one property owner to another and are usually drafted by attorneys, title companies or paralegals or legal secretaries under the supervision of an attorney.

The forms used for various types of deeds are available at office supply businesses. These office suppliers should provide you with the standard document format and special care must be taken to complete these forms in a legible manner. Keep in mind that these forms may or may not suit your particular needs. You are advised to always seek an attorney in these matters.

The grantor and grantee (seller and buyer) must be identified on the first page of the deed. The signature must be acknowledged and the proper legal description for the property must be contained in the deed. Only the original deed with original signatures may be recorded with the Recorder of Deeds Department. No photocopies are allowed.

The moment that a correctly prepared deed is handed from one owner to another is the moment of actual conveyance. It is wise, however, to protect your interest by recording the deed with the Recorder of Deeds Department. The recording fee is $21.00 for the first page and $3.00 for each additional page.

If you have any questions regarding filling out the deed form, it is always best to check with an attorney. The Recorder of Deeds is unable to provide you with legal advice, we may only check your document for the minimum statutory requirements for recording. We cannot verify the accuracy of the information or the preparation of the document.

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How do I add or change names on a deed?

Preparing legal documents is a complex, exacting process and requires a great deal of knowledge. While every individual is allowed to engage in this process, it is not something that most people without legal training should attempt to do.

This office receives many requests for information about where forms for various legal documents can be purchased. Forms for deeds and other documents are generally available at stationery and office supply stores.

Unfortunately, this office is not permitted to complete forms, help customers fill out forms, or to check forms to be sure that the result is what the customer intended. We can only check to see that the document presented meets the minimum legal requirements for recording. If the customer needs help, he/she can get a book from the library or book store to help guide him/her, but the better solution is to have the deed — or any legal document — prepared by an attorney.

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How do I remove the name of a deceased owner from a deed?

One of the questions this office is most frequently asked is how to remove the name of a deceased person from the deed to property or how to otherwise "clear up" the deed, so that the property can be conveyed.

Unfortunately, this is not a process that is so easily accomplished that individuals can be assured of doing it correctly without the assistance of an attorney. Many factors must be taken into consideration including, but not limited to, future interests, trusts and taxes.

There are no forms or prepared instructions which this office can give you. We are prohibited by state statute from offering anything which can be construed as legal advice.

Although office supply stores sell legal forms and there are reference books available in local bookstores and libraries which provide some direction in the use of these forms, you would probably be best served by consulting a Missouri attorney for assistance. If you do not have an attorney, the Kansas City Metropolitan Bar Association maintains a list and can refer you to someone with the skills you need.

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Common reasons for document rejections:

Below is a listing of some of the most common reasons why documents are rejected for recording and returned to the submitting party. By ensuring that your documents do not violate the following requirements you can significantly reduce the chances that your document will be rejected for recording.

1) Incorrect Fee submitted with document. Fees for a standard document are $21 for the fist page of each document, and $3 for each additional page.

2) Date, title, names of all grantors, grantees, grantee's address, and legal description of property must all be contained on the first page of each document, within the margins. If there is not sufficient room on the first page, the first page must tell exactly where to find the information within the document.

3) The first page must have a 3-inch margin at the top, and 3/4 inch margin all the way around. Succeeding pages must have a 3/4 inch margin all the way around. Essential document information may not be contained in the margins.

4) Documents must be submitted on white or light colored, 8 1/2 by 11 inch, single sided paper.

5) Documents affecting real estate must contain a legal description of the property affected.

6) Missouri law requires that all signatures on a document must have the corresponding name typed, printed, or stamped underneath the signature.

7) All documents transferring an interest in real estate must contain the mailing address for the first named grantee, and this address should be on the first page of the document.

8) Documents altered for re-recording must be re-signed, and re-acknowledged. Please keep in mind that they must still meet the first page formatting standards. This often means a new cover page with a three-inch margin must be added to the document.

9) A release of a deed of trust originally signed prior to January 1, 1986 must be submitted along with the original note so the note can be canceled. If the original note is lost, the submitter must record an affidavit of holder of note, and an affidavit of the maker of the note.

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Social Security
Credit Card/Bank Account Numbers And Redaction Statutes

The Jackson County Recorder of Deeds strongly recommends that non-essential personal information be excluded from any document presented for recording with this office.

Effective August 28, 2006, Missouri law prohibits the preparer of documents from including social security numbers, credit card numbers and bank account numbers unless it is otherwise required by law (59.331) Also, if such information is found on the Jackson County Recorder of Deeds website, any person may apply to redact such information (59.332) as follows:

59.331. The preparer of a document shall not include an individual's sensitive personal identifying information in a document that is prepared and presented for recording in the office of the Recorder of Deeds. "Sensitive personal identifying information" includes federal Social Security numbers, bank account numbers, and credit card account numbers. This section does not apply to state or federal tax liens, military separation or discharge papers, and other documents required by law to contain such information that are filed or recorded in the office of the Recorder of Deeds. Should any person's sensitive personal identifying information appear on any document prepared or submitted for recording, the preparer, submitter, or anyone in an agency relationship with the person may redact, remove, or delete the sensitive personal identifying information before submission to the Recorder of Deeds. Any such redaction, removal, or deletion shall not in any way affect the legal status of the transaction described in the document. The Recorder of Deeds shall not alter or modify any document in the official record except as otherwise provided by law.

59.332. 1. Should any sensitive personal identifying information, as defined in section 59.331, appear in any record or image viewable on any publicly available Internet web site maintained or sponsored by a Recorder of Deeds, any person may apply to the Recorder of Deeds for redaction or removal of that sensitive personal identifying information. Any such application shall be made in writing, signed by the applicant, his or her attorney, or legal guardian, and shall specifically identify the document or documents containing the sensitive personal identifying information. The application shall be accompanied by a legible copy of each recorded document affected by the application, upon which the sensitive personal identifying information that is to be redacted is highlighted or otherwise indicated. Upon receipt of an application submitted in compliance with this section, the Recorder of Deeds may redact or remove the affected document from the records viewable on the publicly available Internet web site.

For more information on redaction, please CLICK HERE for a copy of the Request for Redaction Form.






 

 
           
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