Smith County Affidavit for Equitable Interest Form (Kansas)

All Smith County specific forms and documents listed below are included in your immediate download package:

Affidavit for Equitable Interest Form

Smith County Affidavit for Equitable Interest Form

Fill in the blank Affidavit for Equitable Interest form formatted to comply with all Kansas recording and content requirements.
Included Smith County compliant document last validated/updated 6/10/2024

Affidavit for Equitable Interest Guide

Smith County Affidavit for Equitable Interest Guide

Line by line guide explaining every blank on the Affidavit for Equitable Interest form.
Included Smith County compliant document last validated/updated 10/11/2024

Completed Example of the Affidavit for Equitable Interest Document

Smith County Completed Example of the Affidavit for Equitable Interest Document

Example of a properly completed Kansas Affidavit for Equitable Interest document for reference.
Included Smith County compliant document last validated/updated 10/3/2024

Completed Example of the Affidavit for Equitable Interest Document

Smith County Completed Example of the Affidavit for Equitable Interest Document

Example of a properly completed Kansas Affidavit for Equitable Interest document for reference.
Included Smith County compliant document last validated/updated 7/29/2024

The following Kansas and Smith County supplemental forms are included as a courtesy with your order:

When using these Affidavit for Equitable Interest forms, the subject real estate must be physically located in Smith County. The executed documents should then be recorded in the following office:

Smith County Register of Deeds

218 S Grant St, Suite 7, Smith Center, Kansas 66967

Hours: 8:00 to 12:00 & 1:00 to 5:00 Mon-Fri

Phone: (785) 282-5160

Local jurisdictions located in Smith County include:

  • Athol
  • Cedar
  • Gaylord
  • Kensington
  • Lebanon
  • Smith Center

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Smith County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Smith County using our eRecording service.
Are these forms guaranteed to be recordable in Smith County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smith County including margin requirements, content requirements, font and font size requirements.

Can the Affidavit for Equitable Interest forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Smith County that you need to transfer you would only need to order our forms once for all of your properties in Smith County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Kansas or Smith County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Smith County Affidavit for Equitable Interest forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

In Kansas, as in other jurisdictions, an "Affidavit of Equitable Interest" is a legal document used in real estate transactions to declare the equitable interest of a party in a property. Equitable interest is a type of interest in real estate that indicates a beneficial interest in the property and may arise from a contract, such as a contract for deed, purchase agreement, etc. even though the legal title has not yet been transferred. An affidavit of this type can be filed by either party to the contract, and is often filed by purchasers alone.

Here's a breakdown of what an Affidavit of Equitable Interest typically involves:

1. Declaration of Interest: The affidavit is a sworn statement declaring that the affiant (the person making the affidavit) has an equitable interest in a specific piece of real estate. This interest usually stems from a contractual agreement, like a contract for deed, lease-purchase agreement, or an agreement for deed.

2. Use in Real Estate Transactions: This affidavit is often used in situations where a party needs to prove their interest in a property, but the legal title has not been transferred to them. It can be important in cases where the property is subject to a dispute, or the affiant needs to demonstrate their interest for purposes of a lawsuit, financing, or dealing with government agencies.

3. Details Included: The affidavit will typically include the affiant's name, the description of the property in question, and the nature of the affiant’s equitable interest. It should also detail the circumstances under which the equitable interest was acquired, such as the terms of a contract.

4. Execution and Notarization: As with other affidavits, the Affidavit of Equitable Interest must be signed by the affiant in the presence of a notary public. The notary will acknowledge the signing as a free and voluntary act.

5. Recording: This affidavit may/should be recorded with the county recorder’s office where the property is located. Recording the affidavit can serve as public notice of the affiant's interest in the property, which can be important for protecting that interest.

6. Legal Effect: While an Affidavit of Equitable Interest declares a person's interest in a property, it doesn't grant legal ownership. The legal title remains with the current owner until it's formally transferred.

79-1437c. Real estate sales validation questionnaires;
required to accompany transfers of title; retention time; use of information. No deed or instrument providing for the transfer of title to real estate or affidavit of equitable interest in real estate shall be recorded in the office of the register of deeds unless such deed, instrument or affidavit shall be accompanied by a real estate sales validation questionnaire completed by the grantor or grantee or the agent of such grantor or grantee concerning the property transferred.

(Kansas Affidavit for Equitable Interest Package includes form, guidelines, completed example and sales validation questionnaire) For use in Kansas only.

Our Promise

The documents you receive here will meet, or exceed, the Smith County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Smith County Affidavit for Equitable Interest form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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