You have probably heard that Kansas got rid of its mortgage registration tax. If you are buying or selling in Fairway, you might be wondering what that means for your closing costs and your timeline. You want a clear, simple answer so you can plan with confidence and avoid surprises. In this guide, you will see what changed, what you still pay, and how to spot mistakes on your closing paperwork. Let’s dive in.
Quick answer: The tax is gone, fees remain
Kansas phased down the mortgage registration tax and repealed it effective January 1, 2019. Counties no longer collect a percentage tax when your mortgage is recorded. You can see the repeal and timeline in K.S.A. 79-3102 and in the Kansas Legislative Research Department summary.
You will still see recording charges on your Closing Disclosure. Those are statutory recording fees set by state law, not a percentage tax.
What replaced the mortgage tax
To replace the revenue, the Legislature adjusted the fees that Registers of Deeds collect. Today, you pay per-page recording fees when documents are recorded. The fee schedule, including a $1 per page surcharge for a state fund, is set in K.S.A. 28-115.
There is also a consumer-friendly cap: if your mortgage is $75,000 or less on a single-family principal residence, the recording fee cannot exceed $125. To get the cap, a short affidavit must be submitted with the mortgage at recording. The affidavit requirement and cap are in K.S.A. 28-115.
How Johnson County closings work now
In Johnson County, title companies and lenders collect and list recording fees at closing. You will see line items like “Recording fee — first page” and “Recording fee — additional pages.” You will not see a mortgage registration tax line for new recordings.
County offices across Kansas updated their guidance to reflect this change. For example, Riley County notes that the mortgage registration tax is no longer collected and explains the recording-fee structure and cap affidavit process. You can view an example on the Riley County Register of Deeds notice. Requirements to include standard documents, such as the Sales Validation Questionnaire on deeds, continue in the usual way.
What it means for Fairway buyers
If you are financing a home in Fairway, the change simplifies your closing costs and often lowers them compared to the old percentage tax. Here is how the numbers used to look and what they look like now:
Loan amount $200,000
- Old tax at 0.26 percent: about $520
- 2018 rate at 0.05 percent: about $100
- Today: $0 tax, only per-page recording fees
(Historic rates shown in K.S.A. 79-3102 history and 2017 code reference.)
Loan amount $400,000
- Old tax at 0.26 percent: about $1,040
- 2018 rate at 0.05 percent: about $200
- Today: $0 tax, only per-page recording fees
Loan amount $600,000
- Old tax at 0.26 percent: about $1,560
- 2018 rate at 0.05 percent: about $300
- Today: $0 tax, only per-page recording fees
Recording fees depend on page count and are usually much smaller than a percentage tax on larger loans. You will still have other normal closing costs, like title insurance, lender fees, and escrows.
What Fairway sellers should know
As a seller, you did not pay the old mortgage registration tax. That tax applied to mortgages and was typically paid by the borrower. The repeal does not add a new seller tax.
Your closing costs will reflect normal items such as agreed commissions, prorations, and any concessions. Deeds in Kansas typically require a Sales Validation Questionnaire or an applicable exemption entry when recorded.
Checklist: What to ask your lender and closer
- Confirm your Closing Disclosure lists “recording fees” and does not list a mortgage registration tax for a new mortgage. If you see it, ask for a correction.
- If your mortgage is $75,000 or less on a single-family principal residence, ask that the Mortgage Cap Affidavit be prepared so your total mortgage recording fee is capped at $125. See the cap in K.S.A. 28-115.
- Request an itemized estimate of recording fees by page so you know what to expect. The fee structure is set in K.S.A. 28-115.
Common pitfalls to avoid
- Legacy forms sometimes still show a “mortgage registration tax” line. For mortgages recorded after January 1, 2019, that is not valid. Ask your closer to update documents, citing K.S.A. 79-3102.
- Forgetting the cap affidavit on small loans can lead to higher fees than necessary. Make sure the affidavit is included if you qualify.
- Assuming there are no recording costs. You will still pay per-page recording fees and normal closing costs even though the tax is gone.
Ready to move in Fairway?
If you want a smooth, well-communicated closing with fewer surprises, you deserve a team that knows both sides of the state line and the details that matter. Reach out to Bash KC for clear guidance, tailored strategy, and a closing experience that respects your time.
FAQs
Is the Kansas mortgage registration tax still charged anywhere?
- No. Kansas phased it out and repealed it effective January 1, 2019. Counties now collect statutory recording fees instead. See K.S.A. 79-3102 and the KLRD summary.
Will I still pay anything when my mortgage is recorded in Johnson County?
- Yes. You will pay state-set recording fees, which are charged per page and include a small per-page surcharge. The fee schedule is in K.S.A. 28-115.
How does the $125 recording fee cap work on small loans?
- If your mortgage is $75,000 or less on a single-family principal residence, the total mortgage recording fee cannot exceed $125, but you must submit a cap affidavit with the mortgage. See K.S.A. 28-115.
My Closing Disclosure still shows a mortgage registration tax. Is that correct?
- Not for new recordings after January 1, 2019. Ask your closer to correct the form and apply the current fee structure. Reference K.S.A. 79-3102.
Do Kansas home sellers pay a statewide transfer tax?
- Kansas does not impose a statewide real estate transfer tax. Sellers should still expect normal closing items and deed recording requirements, including the Sales Validation Questionnaire or an applicable exemption.
