Smith County Release of Affidavit of Equitable Interest Form

Additional Kansas and Smith County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Smith County

Properties in any of these areas use Smith County forms:

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

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A Release of Affidavit of Equitable Interest is a recorded document used to formally cancel and remove an Affidavit of Equitable Interest from public land records. Its purpose is to clear title, remove encumbrances, or reflect that a buyer’s equitable interest in a property is no longer valid or active.
Here are some common uses for a Release of Affidavit of Equitable Interest in Kansas

1. Contract for Deed Has Been Fully Satisfied
The buyer has completed all payment obligations.
Legal title has been conveyed via deed.
Recording the release helps avoid confusion over any lingering claims.

2. Buyer Defaults on the Contract
The buyer stops making payments or otherwise breaches the contract.
Seller may record a release after giving proper notice (often 15 days as per K.S.A. 58-5202).
Clears title so the seller can resell or refinance the property.

3. Mutual Termination or Cancellation
Both parties agree to cancel the contract for deed.
Buyer relinquishes their equitable interest voluntarily.
Recording the release helps prevent future title disputes.

4. Buyer Has Vacated or Abandoned the Property
If the buyer walks away from the contract/property.
Seller can document the release and proceed with possession or resale.

5. Affidavit Was Filed in Error or No Longer Applicable
For example, the affidavit was mistakenly recorded or based on an unenforceable agreement.
Recording a release corrects the official land records.

6. Court Order or Settlement
A judge may order a release as part of a quiet title action or dispute resolution.
May also follow mediation, divorce, or estate settlement involving the property.

7. Clearing Title for Sale, Refinance, or Transfer
Lenders and title companies often require the release to be recorded before issuing a loan or insurance.
Ensures the property appears free of competing claims in title searches.

Recording the Release of Affidavit of Equitable Interest protects the seller, the buyer, and any third party (like a lender or future purchaser) by ensuring the public land records accurately reflect the current legal and equitable interests in the property.

Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.

This Release of Affidavit of Equitable Interest meets all recording requirements specific to Smith County.

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.

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