reglab/housing_qa huggingface dataset:
KS Stat § 58-2338 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 23 - Mortgages Of Real Property|58-2338 Same; notice to mortgagor by selling lender; response to mortgagor by purchasing lender.

58-2338. Same; notice to mortgagor by selling lender; response to mortgagor by purchasing lender. If the servicing of a home loan is sold or assigned to another person:(a) The selling lender shall notify the mortgagor of the sale no more than 10 business days after the actual date of transfer. The notification must include the name, address and telephone number of the person who will assume responsibility for servicing and accepting payments for the home loan and upon request of the mortgagor, the notification must also include a detailed written financial breakdown including, but not limited to, interest rate, monthly payment amount and current escrow balance; and(b) the purchasing lender shall respond within 15 business days to a written request for information from a mortgagor. A written response must include the telephone number of the company representative who can assist the mortgagor.History: L. 1988, ch. 57, § 2; July 1.
KS Stat § 58-2339 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 23 - Mortgages Of Real Property|58-2339 Same; annual summary of escrow account to be provided mortgagor by purchasing lender.

58-2339. Same; annual summary of escrow account to be provided mortgagor by purchasing lender. Each purchasing lender requiring an escrow account shall provide to the mortgagor an annual summary of all transactions of such escrow account on or before February 15. The summary shall include the amount of each transaction and the purpose for which the money was spent.History: L. 1988, ch. 57, § 3; July 1.
KS Stat § 58-2340 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 23 - Mortgages Of Real Property|58-2340 Same; liability of lenders upon failure to comply with act's requirements.

58-2340. Same; liability of lenders upon failure to comply with act's requirements. If the selling lender fails to comply with the requirements of K.S.A. 58-2338, or the purchasing lender fails to comply with the requirements of K.S.A. 58-2339, and such failure to comply was due to the lender's failure to exercise reasonable care, the lender is liable to the mortgagor for $100 per occurrence, in addition to actual damages caused by the failure to comply.History: L. 1988, ch. 57, § 4; July 1.
KS Stat § 58-2341 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 23 - Mortgages Of Real Property|58-2341 Same; selling lender not subject to 58-2339.

58-2341. Same; selling lender not subject to 58-2339. The selling lender is not subject to the provisions of K.S.A. 58-2339.History: L. 1988, ch. 57, § 5; July 1.
KS Stat § 58-2343 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 23 - Mortgages Of Real Property|58-2343 Assignment of rents of real property; lien; action upon default.

58-2343. Assignment of rents of real property; lien; action upon default. (a) As used in this section:(1) "Assignment instrument" means any mortgage, deed of trust, or other instrument or agreement by which a borrower assigns, transfers, pledges, or otherwise grants a lien upon or encumbers its rights to rents of real property therein described to or for the benefit of a lender as security for the repayment of any indebtedness or the performance of any obligations.(2) "Borrower" means any mortgagor, deed of trust grantor, assignor, or debtor of any lender.(3) "Lender" means any mortgagee, deed of trust beneficiary, assignee, or creditor, or its assigns, holding an assignment instrument.(4) "Rents" includes the rents, income, proceeds, profits, royalties and other sums which (A) are derived under present and future leases, licenses, contracts and other agreements for the use or possession of real property and (B) are either in the possession or control of the borrower or are due and unpaid or are to become due and payable.(b) The lien of an assignment instrument shall be a good, valid and enforceable lien on the rents from the real property therein described. Such lien shall be valid and binding against, unavoidable by and fully perfected as to the borrower and all subsequent purchasers, mortgagees, lien creditors, other lienholders and other persons for all purposes from the time of filing the assignment instrument or an affidavit of assignment of rents signed by the borrower for record in accordance with K.S.A. 58-2221 and amendments thereto, with a priority dating from the time of such filing, without any necessity for the lender to take possession or control of such rents or the property from which such rents are derived, to take any action tantamount to the taking of such possession or control, or to take other action whatsoever.(c) Upon default by a borrower under the terms of an assignment instrument, the lender shall be entitled to enforce the assignment instrument in accordance with its terms and applicable law, and may apply to the district court having jurisdiction for appropriate relief to gain possession and control of the rents in enforcement of the assignment instrument. Upon such application, the court shall enter such orders and take such actions as appear necessary to collect, protect and preserve the rents and protect and preserve the lender's interest therein pending final disposition of an action upon the obligations secured by the assignment instrument.(d) Any tenant who, upon due notice from the lender, makes rent payments to the lender in accordance with the terms of the assignment instrument shall be given credit for such payment as if the payments had been made to the borrower, but nothing herein shall affect the other rights and obligations of the borrower or the tenant as to one another.History: L. 1991, ch. 161, § 1; May 23.
KS Stat § 58-2344 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 23 - Mortgages Of Real Property|58-2344 Authorized use of real estate values furnished to appraisers by lenders.

58-2344. Authorized use of real estate values furnished to appraisers by lenders. No lender, as defined in K.S.A. 58-2337, and amendments thereto, or any person acting on behalf of a lender shall disclose to an appraiser or other person engaged to determine the appraised value of real estate, the amount of a proposed real estate loan with the intent to influence the preferred or required value of any real estate intended to secure such loan. A lender may provide a copy of the sales contract for use by the appraiser in accordance with uniform standards of professional appraisal practice.History: L. 2006, ch. 97, § 2; L. 2007, ch. 126, § 1; July 1.
KS Stat § 58-2401 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2401 How trust concerning land created.

58-2401. How trust concerning land created. No trust concerning lands except such as may arise by implication of law shall be created, unless in writing signed by the party creating the same, or by his or her attorney thereto lawfully authorized in writing.History: G.S. 1868, ch. 114, § 1; Oct. 31; R.S. 1923, 67-401.
KS Stat § 58-2402 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2402 Title of purchaser without notice of trust.

58-2402. Title of purchaser without notice of trust. No such trust, whether implied or created, shall defeat the title of the purchaser for a valuable consideration and without notice of the trust.History: G.S. 1868, ch. 114, § 2; Oct. 31; R.S. 1923, 67-402.
KS Stat § 58-2403 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2403 Record of trust as notice.

58-2403. Record of trust as notice. The record of such trust in the proper county shall be deemed actual notice thereof to every person claiming under a conveyance made or lien created after such recording.History: G.S. 1868, ch. 114, § 3; Oct. 31; R.S. 1923, 67-403.
KS Stat § 58-2406 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2406 Conveyance to one person when consideration paid by another.

58-2406. Conveyance to one person when consideration paid by another. When a conveyance for a valuable consideration is made to one person and the consideration therefor paid by another, no use or trust shall result in favor of the latter; but the title shall vest in the former, subject to the provisions of the next two sections.History: G.S. 1868, ch. 114, § 6; Oct. 31; R.S. 1923, 67-406.
KS Stat § 58-2407 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2407 Same; effect as to creditors.

58-2407. Same; effect as to creditors. Every such conveyance shall be presumed fraudulent as against the creditors of the person paying the consideration therefor; and where a fraudulent intent is not disproved, a trust shall in all cases result in favor of prior creditors to the extent of their just demands, and also in favor of subsequent creditors if there be sufficient evidence of fraudulent intent.History: G.S. 1868, ch. 114, § 7; Oct. 31; R.S. 1923, 67-407.
KS Stat § 58-2408 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2408 Same; cases to which 58-2406 shall not extend.

58-2408. Same; cases to which 58-2406 shall not extend. The provisions of the section next before the last shall not extend to cases where the alienee shall have taken an absolute conveyance in his or her own name without the consent of the person with whose money the consideration was paid; or where such alienee in violation of some trust shall have purchased the land with moneys not his or her own; or where it shall be made to appear that by agreement and without any fraudulent intent the party to whom the conveyance was made, or in whom the title shall vest, was to hold the land or some interest therein in trust for the party paying the purchase money or some part thereof.History: G.S. 1868, ch. 114, § 8; Oct. 31; R.S. 1923, 67-408.
KS Stat § 58-2414 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2414 Grant reserving power of revocation.

58-2414. Grant reserving power of revocation. A grantor of lands, reserving an absolute power of revocation, shall be deemed an absolute owner as regards creditors and purchasers.History: G.S. 1868, ch. 114, § 14; Oct. 31; R.S. 1923, 67-414.
KS Stat § 58-2416 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2416 Power given to married woman.

58-2416. Power given to married woman. A general and beneficial power may be given to a married woman to dispose of or devise, without the concurrence of her husband, lands conveyed or devised to her in fee.History: G.S. 1868, ch. 114, § 16; Oct. 31; R.S. 1923, 67-416.
KS Stat § 58-2418 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2418 Power to grantee to sell.

58-2418. Power to grantee to sell. Where a power to sell lands or other property shall be given to the grantee in any mortgage or other conveyance intended to secure the payment of money, the power shall be deemed a part of the security, and shall vest in any person who shall become entitled to the money so secured to be paid.History: G.S. 1868, ch. 114, § 18; Oct. 31; R.S. 1923, 67-418.
KS Stat § 58-2419 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2419 Act does not extend to simple power of attorney to convey lands.

58-2419. Act does not extend to simple power of attorney to convey lands. The provisions of this act relative to power shall not extend to a simple power of attorney to convey lands in the name and for the benefit of the owner.History: G.S. 1868, ch. 114, § 19; Oct. 31; R.S. 1923, 67-419.
KS Stat § 58-2431 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2431 Trusts for benefit of state or agency or political or governmental subdivision of state; creation; purpose; acceptance; duration.

58-2431. Trusts for benefit of state or agency or political or governmental subdivision of state; creation; purpose; acceptance; duration. Express trusts may be created in real or personal property, or both, or in any estate or interest in either or both, with the state, or any county, municipality, political or governmental subdivision, or governmental agency of the state as the beneficiary thereof, and the purpose thereof may be the furtherance, or the providing of funds for the furtherance, of any authorized or proper function of the said beneficiary and for any charitable, benevolent or educational purpose properly attributable to the purposes of the trust. Such trusts may be created by written instrument, or by will. In the case of written instruments, the same shall be subscribed by the grantor or grantors and duly acknowledged as conveyances of real estate are acknowledged, and before the same shall become effective the beneficial interest therein shall be accepted by the governor, if the state be the beneficiary, or by the governing body of any other beneficiary named therein, which power and authority of acceptance is hereby conferred upon the governor and upon the governing bodies of the counties, municipalities, political and governmental subdivisions, and governmental agencies of the state. Such trusts shall have duration for the term of duration of the beneficiary, or such shorter length of time as shall be specified in the instrument or will creating said trust.History: L. 1974, ch. 235, § 1; July 1.
KS Stat § 58-2432 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2432 Same; trust instruments and acceptance, recording; binding contract.

58-2432. Same; trust instruments and acceptance, recording; binding contract. All instruments or wills creating trusts under the provisions of this act, together with the written acceptance of the beneficial interest endorsed thereon, shall be recorded in the office of the county clerk of each county wherein is situated any real estate, or any interest therein, belonging to said trust, as well as in the county wherein is located the trust property or wherein is conducted its principal operations. Upon the acceptance of the beneficial interest by the beneficiary as hereinabove authorized and provided, the same shall be and constitute a binding contract between the state of Kansas or counties, municipalities, political or governmental subdivisions and the grantor or grantors, or the executor of the estate of the testator, for the acceptance of the beneficial interest in the trust property by the designated beneficiary and the application of the proceeds of the trust property and its operation for the purposes, and in accordance with the stipulations specified by the trustor or trustors.History: L. 1974, ch. 235, § 2; July 1.
KS Stat § 58-2433 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2433 Same; funds maintained in special account; use; use or pledging of other funds for trust purposes; lease of property necessary for execution of trust.

58-2433. Same; funds maintained in special account; use; use or pledging of other funds for trust purposes; lease of property necessary for execution of trust. Funds received by the beneficiary under the provisions of any trust created under the provisions of this act shall be kept and maintained in a special account or accounts and used only for the purpose of such trust and no funds of said beneficiary derived from any source whatsoever other than the trust property, or the operation thereof, shall be charged with, or expended for the execution of said trust, except by express action of the legislative authority of the beneficiary first had and no funds derived from the levy of ad valorem taxes shall be used for or pledged for the purposes or execution of such trust. The officers or any other governmental agencies or authorities having the custody, management or control of any property, real or personal or both, of the beneficiary of such trust, or of such a proposed trust, which property shall be needful for the execution of the trust purposes, hereby are authorized and empowered to lease such property for said purposes, after the acceptance of the beneficial interest therein by the beneficiary as hereinafter provided, or conditioned upon such acceptance.History: L. 1974, ch. 235, § 3; July 1.
KS Stat § 58-2434 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2434 Same; appointment, succession, powers, duties, terms and compensation of trustees.

58-2434. Same; appointment, succession, powers, duties, terms and compensation of trustees. The instrument or will creating such trust may provide for the appointment, succession, powers, duties, terms and compensation of the trustee or trustees; and in all such respects the terms of said instrument or will shall be controlling. If the said instrument or will makes no provision in regard to any of the foregoing, then the general laws of the state shall control as to such omission or omissions.History: L. 1974, ch. 235, § 4; July 1.
KS Stat § 58-2435 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2435 Same; property or interest subject to taxation.

58-2435. Same; property or interest subject to taxation. Property or interests therein held under the provisions of any trust executed under the provisions of this act shall be subject to taxation in like manner as property held in private ownership.History: L. 1974, ch. 235, § 5; July 1.
KS Stat § 58-2436 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2436 Same; payment of operation, maintenance and depreciation costs; fees and charges.

58-2436. Same; payment of operation, maintenance and depreciation costs; fees and charges. All instruments or wills creating trusts under the provisions of this act shall permit the collection of fees and charges for the purpose of providing for the establishment of reserve funds for the payment of operating, maintenance and depreciation costs and any outstanding obligations which may be incurred in the performance of the functions for which such trust has been created.History: L. 1974, ch. 235, § 6; July 1.
KS Stat § 58-2437 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2437 Same; trustee required to be agency of state or political or governmental subdivision; liability for acts or omissions of trustee.

58-2437. Same; trustee required to be agency of state or political or governmental subdivision; liability for acts or omissions of trustee. The trustee or trustees, under such an instrument or will shall be an agency of the state, county, municipality, political or governmental subdivision and the regularly constituted authority of the beneficiary for the performance of the functions for which the trust shall have been created. No trustee or state agency, county, municipality, political or governmental subdivision, as beneficiary, shall be charged personally with any liability whatsoever by reason of any act or omission committed or suffered in the performance of such trust or in the operation of the trust property; but any act, liability for any omission or obligation of a trustee or trustees, in the execution of such trust, or in the operation of the trust property, shall extend to the whole of the trust estate, or so much thereof as may be necessary to discharge such liability or obligation, and not otherwise.History: L. 1974, ch. 235, § 7; July 1.
KS Stat § 58-2438 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24 - Trusts And Powers|58-2438 Same; termination.

58-2438. Same; termination. Any such trust may be terminated by agreement of the trustee, or if there be more than one, then all of the trustees, and the governing body of the beneficiary, with the approval of the governor of the state of Kansas if such beneficiary is an agency of the state of Kansas: Provided, That such trust shall not be terminated while there exists outstanding any contractual obligations chargeable against the trust property, and no such obligation shall ever by reason of such termination, become an obligation of the beneficiary of such trust.History: L. 1974, ch. 235, § 8; July 1.
KS Stat § 58-24a01 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24a - Uniform Prudent Investor Act|58-24a01 Prudent investor rule.

58-24a01. Prudent investor rule. (a) Except as otherwise provided in subsection (b), a fiduciary who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this act.(b) The prudent investor rule, a default rule, may be expanded, restricted, eliminated or otherwise altered by the provisions of a trust. A fiduciary is not liable to a beneficiary to the extent that the fiduciary acted in reasonable reliance on the provisions of the trust.(c) As used in this act, "fiduciary" means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function.History: L. 2000, ch. 80, § 1; July 1.
KS Stat § 58-24a03 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24a - Uniform Prudent Investor Act|58-24a03 Diversification.

58-24a03. Diversification. A fiduciary shall diversify the investments of the trust unless the fiduciary reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.History: L. 2000, ch. 80, § 3; July 1.
KS Stat § 58-24a04 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24a - Uniform Prudent Investor Act|58-24a04 Duties at inception of fiduciary relationship.

58-24a04. Duties at inception of fiduciary relationship. Within a reasonable time after entering into a fiduciary relationship or receiving trust assets, a fiduciary shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms distribution requirements and other circumstances of the trust, and with the requirements of this act.History: L. 2000, ch. 80, § 4; July 1.
KS Stat § 58-24a05 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24a - Uniform Prudent Investor Act|58-24a05 Loyalty.

58-24a05. Loyalty. A fiduciary shall invest and manage the trust assets solely in the interest of the beneficiaries.History: L. 2000, ch. 80, § 5; July 1.
KS Stat § 58-24a06 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24a - Uniform Prudent Investor Act|58-24a06 Impartiality.

58-24a06. Impartiality. If a trust has two or more beneficiaries, the fiduciary shall act impartially in investing and managing the trust assets, taking into account any differing interests of the beneficiaries.History: L. 2000, ch. 80, § 6; July 1.
KS Stat § 58-24a07 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24a - Uniform Prudent Investor Act|58-24a07 Investment costs.

58-24a07. Investment costs. In investing and managing trust assets, a fiduciary may only incur costs that are appropriate and reasonable in relation to the assets, the purposes of the trust and the skills of the fiduciary.History: L. 2000, ch. 80, § 7; July 1.
KS Stat § 58-24a08 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 24a - Uniform Prudent Investor Act|58-24a08 Reviewing compliance.

58-24a08. Reviewing compliance. Compliance with the prudent investor rule is determined in light of the fact and circumstances existing at the time of a fiduciary's decision or action and not by hindsight.History: L. 2000, ch. 80, § 8; July 1.