reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2322 Assignments prior to 1899.

58-2322.
Assignments prior to 1899.
All assignments of mortgages at present existing, bearing date prior to the taking effect of this act, shall within four months next succeeding the taking effect of this act be recorded in the proper county of this state, in accordance with the provisions of K.S.A. 58-2319, whether such assignments be acknowledged or not; and in case such assignments are not recorded within the time herein provided, the payment of any interest or principal on the debts secured by such mortgages to the mortgagees or the assignees whose assignments appear last of record after the expiration of the time herein provided, and before the recording of such assignments, shall be and constitute a complete defense to any action on such mortgage or note or other evidence of indebtedness secured thereby as against the mortgagor, his or her heirs, personal representatives, or assigns: Provided, however, That the last assignee of an unrecorded assignment shall have a right of action against the assignor to whom such interest or principal is paid: And provided further, That where the mortgagor, his or her heirs, personal representatives or assigns have actual notice or knowledge of such assignment or transfer, then in such case such payment shall constitute no defense, and none of the provisions of this act shall apply.
History:
L. 1899, ch. 168, § 4; March 15; R.S. 1923, 67-322.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2323 Assignment carries debt secured.

58-2323.
Assignment carries debt secured.
The assignment of any mortgage as herein provided shall carry with it the debt thereby secured.
History:
L. 1899, ch. 168, § 5; March 15; R.S. 1923, 67-323.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2324 Legalizing defective assignments.

58-2324.
Legalizing defective assignments.
Laws 1899, chapter 155, sections 1-4, included by reference. [Legalized assignments of mortgages written on the original mortgage, made prior to March 12, 1897; made provision for recording same; validated such assignment heretofore recorded and excluded from the application of the act cases pending with relation to such instruments at the time of passage of such act.]
History:
R.S. 1923, 67-324.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2325 Validating defective releases and assignments.

58-2325.
Validating defective releases and assignments.
Laws 1915, chapter 252, included by reference. [Act applied to defective releases and assignments recorded at least five years before the taking effect of the act; provided that if an action be not commenced within one year from the taking effect of the act, mortgagee, assignee or holder of such mortgage should be forever barred from bringing action to set aside such instrument.]
History:
R.S. 1923, 67-325.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2326 Validating defective mortgage foreclosure proceedings.

58-2326.
Validating defective mortgage foreclosure proceedings.
In any case where a mortgage upon real estate in Kansas has been foreclosed in a court of competent jurisdiction, said foreclosure proceedings shall be deemed to be valid and the lien of the mortgage foreclosed shall be deemed to be canceled notwithstanding the foreclosure proceedings may have been brought by or in the name of some person other than the original mortgagee and without an assignment from such mortgagee being of record or shown in the foreclosure proceedings: Provided, That this act shall not apply or be construed to validate any mortgage foreclosure proceeding which was not completed at least ten (10) years prior to the taking effect of this act: And provided further, That this act shall not apply to any mortgage or the foreclosure thereof unless the debt secured by such mortgage has been due and payable for at least ten (10) years prior to the taking effect of this act.
History:
L. 1931, ch. 242, § 1; May 28.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2327 Action to set aside defective foreclosure or to foreclose such mortgage; time limit.

58-2327.
Action to set aside defective foreclosure or to foreclose such mortgage; time limit.
The holder of any mortgage as original mortgagee or assignee thereof, or the administrator or executor of any deceased mortgagee or assignee of any mortgage which has been foreclosed in the manner set forth in K.S.A. 58-2326 whose title or claim to such mortgage is adverse to the party having foreclosed the same, shall have six (6) months from the taking effect of this act in which to commence an action in a court of competent jurisdiction to set aside such foreclosure proceedings or to foreclose said mortgage, and if such action to set aside said foreclosure proceedings or to foreclose said mortgage shall not be commenced within said period of six (6) months from the taking effect of this act the said holder of said mortgage as original mortgagee or assignee thereof shall forever be barred from bringing any action to set aside said foreclosure proceedings or to foreclose said mortgage.
History:
L. 1931, ch. 242, § 2; May 28.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2328 Waiver and disclaimer by state of certain interests under defective foreclosure proceedings prior to January 1, 1910.

58-2328.
Waiver and disclaimer by state of certain interests under defective foreclosure proceedings prior to January 1, 1910.
In any case where a mortgage upon real estate in Kansas has been foreclosed in a court of competent jurisdiction and a judgment of foreclosure rendered therein and thereon and after sheriff's sale had thereon, a sheriff's deed was issued, prior to January 1, 1910, and where the mortgagor of said property died intestate prior to said foreclosure leaving no known heirs at law, and where the state of Kansas was not made a party to said foreclosure proceeding, the state of Kansas hereby disclaims any interest in and waives all of its rights to said real property accruing to the state of Kansas by virtue of the law of escheat, or otherwise.
History:
L. 1938, ch. 47, § 1; February 26.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2329 Validating certain defective releases and assignments.

58-2329.
Validating certain defective releases and assignments.
Any and all mortgage releases and assignments of mortgages which have been recorded in the office of the register of deeds, in any county of the state of Kansas, purporting to cancel and discharge or assign any mortgage, and purporting to be executed by any mortgagee, or his or her agent or attorney, or by any assignee of said mortgagee, or his or her agent or attorney, or by any executor or administrator of any deceased mortgagee or deceased assignee, or purporting to be executed by the heirs or legatees of any deceased mortgagee or deceased assignee, or by any person acting for a corporation, who is either mortgagee or assignee of said mortgage, shall be deemed to be valid, and the lien of such mortgage shall be deemed to be canceled, and released notwithstanding any defects in the execution, acknowledgment, certificate of acknowledgment, recording or certificate of recording of the same: Provided, That this act shall not apply to any release or assignment which has not been recorded in the office of the register of deeds, in the county where the land is situated, at least five (5) years prior to July 1, 1957: Provided further, That this act shall not apply to any mortgage unless the debt secured by such mortgage has been due and payable for at least five (5) years prior to July 1, 1957: Provided, That this amendment shall not revive any rights or actions previously barred.
History:
L. 1941, ch. 283, § 1; L. 1957, ch. 352, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2330 Same; limitation of actions to set aside.

58-2330.
Same; limitation of actions to set aside.
Any holder of any mortgage or the assignee or the administrator or executor of any deceased mortgagee or deceased assignee, or the heirs or legatees of any deceased mortgagee or deceased assignee of any mortgage which is defectively released or assigned, and which has remained unchallenged on the records for a period of more than five (5) years prior to the taking effect of this act, and more than five (5) years have elapsed since the time the indebtedness secured by such mortgage became due and payable shall have one (1) year from July 1, 1957, in which to commence an action in the district court of the county where the land is situated, to set aside such assignment or release, and, if such action by any mortgagee or assignee or the administrator or executor of any deceased mortgagee or deceased assignee, or the heirs or legatees of any deceased mortgagee or deceased assignee, shall not be commenced within one (1) year from July 1, 1957, then such mortgagee or assignee thereof, or any holder of said mortgage shall forever be barred from bringing any action in any court of the state of Kansas, to set aside such assignment or release: Provided, That this amendment shall not revive any rights or actions previously barred.
History:
L. 1941, ch. 283, § 2; L. 1957, ch. 352, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2332 Mortgages or deeds of trust recorded prior to 1914 or referred to or described declared void; exceptions.

58-2332.
Mortgages or deeds of trust recorded prior to 1914 or referred to or described declared void; exceptions.
Every mortgage or deed of trust securing a debt on real property in this state which mortgage or deed of trust was placed of record before January 1, 1914, or referred to or described in any instrument of record prior to said date, shall, from and after July 1, 1948, be void as against the creditors of the person making the same or against subsequent purchasers or mortgagees unless the owner and holder thereof shall, prior to such date, cause to be filed in the office of the register of deeds of the county in which the property is located, an affidavit setting forth the name and address of the owner and holder thereof, the nature of the claim, the amount due thereon, the date of the last payment thereon and a description of the property included therein: Provided, That this act shall not apply to or affect (1) mortgages, deeds of trust, or liens upon property of railroad corporations recorded after January 1, 1890, or (2) the indebtedness thereby secured: Provided further, That infancy, incompetency or nonresidence shall not affect the operation of this act.
History:
L. 1947, ch. 336, § 1; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2333 Mortgages or deeds of trust recorded or referred to or described of record prior to 1919 declared void; exceptions.

58-2333.
Mortgages or deeds of trust recorded or referred to or described of record prior to 1919 declared void; exceptions.
Every mortgage or deed of trust securing a debt on real property in this state which mortgage or deed of trust was placed of record before January 1, 1919, or referred to or described in any instrument of record prior to said date, shall, from and after July 1, 1952, be void as against the creditors of the person making the same or against subsequent purchasers or mortgagees unless the owner and holder thereof shall, prior to such date, cause to be filed in the office of the register of deeds of the county in which the property is located, an affidavit setting forth the name and address of the owner and holder thereof, the nature of the claim, the amount due thereon, the date of the last payment thereon and a description of the property included therein: Provided, That this act shall not apply to or affect (1) mortgages, deeds of trust, or liens upon property of railroad corporations recorded after January 1, 1890, or (2) the indebtedness thereby secured: Provided further, That infancy, incompetency or nonresidence shall not affect the operation of this act.
History: L. 1951, ch. 373, § 1; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2333a Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1919, and January 1, 1923, declared void; exceptions.

58-2333a.
Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1919, and January 1, 1923, declared void; exceptions.
Every mortgage or deed of trust securing a debt on real property in this state which mortgage or deed of trust was placed of record on or after January 1, 1919, and before January 1, 1923, or referred to or described in any instrument of record within the prescribed period, shall, from and after July 1, 1956, be void as against the creditors of the person making the same or against subsequent purchasers or mortgagees unless the owner and holder thereof shall, prior to such date, cause to be filed in the office of the register of deeds of the county in which the property is located, an affidavit setting forth the name and address of the owner and holder thereof, the nature of the claim, the amount due thereon, the date of the last payment thereon and a description of the property included therein: Provided, That this act shall not apply to or affect (1) mortgages, deeds of trust, or liens upon property of railroad corporations recorded after January 1, 1890, or (2) the indebtedness thereby secured: Provided further, That infancy, incompetency or nonresidence shall not affect the operation of this act.
History:
L. 1955, ch. 300, § 1; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2333b Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1919, and January 1, 1927, declared void; exceptions.

58-2333b.
Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1919, and January 1, 1927, declared void; exceptions.
Every mortgage or deed of trust securing a debt on real property in this state which mortgage or deed of trust was placed of record on or after January 1, 1919, and before January 1, 1927, or referred to or described in any instrument of record within the prescribed period, shall, from and after July 1, 1962, be void as against the creditors of the person making the same or against subsequent purchasers or mortgagees unless the owner and holder thereof shall, prior to such date, cause to be filed in the office of the register of deeds of the county in which the property is located, an affidavit setting forth the name and address of the owner and holder thereof, the nature of the claim, the amount due thereon, the date of the last payment thereon and a description of the property included therein: Provided, That this act shall not apply to or affect (1) mortgages, deeds of trust, or liens upon property or railroad corporations recorded after January 1, 1890, or (2) the indebtedness thereby secured: Provided further, That infancy, incompetency or nonresidence shall not affect the operation of this act.
History:
L. 1961, ch. 296, § 1; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2333c Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1927, and January 1, 1935, declared void; exceptions.

58-2333c.
Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1927, and January 1, 1935, declared void; exceptions.
Every mortgage or deed of trust securing a debt on real property in this state which mortgage or deed of trust was placed of record on or after January 1, 1927, and before January 1, 1935, or referred to or described in any instrument of record within the prescribed period, shall, from and after July 1, 1968, be void as against the creditors of the person making the same or against subsequent purchasers or mortgagees unless the owner and holder thereof shall, prior to such date, cause to be filed in the office of the register of deeds of the county in which the property is located, an affidavit setting forth the name and address of the owner and holder thereof, the nature of the claim, the amount due thereon, the date of the last payment thereon and a description of the property included therein: Provided, That this act shall not apply to or affect (1) mortgages, deeds of trust, or liens upon property of railroad corporations recorded after January 1, 1890, or (2) the indebtedness thereby secured: Provided further, That infancy, incompetency or nonresidence shall not affect the operation of this act.
History:
L. 1967, ch. 304, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2333d Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1935, and January 1, 1939, declared void; exceptions.

58-2333d.
Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1935, and January 1, 1939, declared void; exceptions.
Every mortgage or deed of trust securing a debt on real property in this state which mortgage or deed of trust was placed of record on or after January 1, 1935, and before January 1, 1939, or referred to or described in any instrument of record within the prescribed period, shall, from and after July 1, 1972, be void as against the creditors of the person making the same or against subsequent purchasers or mortgagees unless the owner and holder thereof shall, prior to such date, cause to be filed in the office of the register of deeds of the county in which the property is located, an affidavit setting forth the name and address of the owner and holder thereof, the nature of the claim, the amount due thereon, the date of the last payment thereon and a description of the property included therein: Provided, That this act shall not apply to or affect (1) mortgages, deeds of trust, or liens upon property of railroad corporations recorded after January 1, 1890, or (2) the indebtedness thereby secured: Provided further, That infancy, incompetency or nonresidence shall not affect the operation of this act.
History:
L. 1971, ch. 191, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2333e Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1939, and January 1, 1943, declared void; exceptions.

58-2333e.
Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1939, and January 1, 1943, declared void; exceptions.
Every mortgage or deed of trust securing a debt on real property in this state which mortgage or deed of trust was placed of record on or after January 1, 1939, and before January 1, 1943, or referred to or described in any instrument of record within the prescribed period shall, from and after July 1, 1976, be void as against the creditors of the person making the same or against subsequent purchasers or mortgagees unless the owner and holder thereof shall, prior to such date, cause to be filed in the office of the register of deeds of the county in which the property is located, an affidavit setting forth the name and address of the owner and holder thereof, the nature of the claim, the amount due thereon, the date of the last payment thereon and a description of the property included therein: Provided, That this act shall not apply to or affect (1) mortgages, deeds of trust, or liens upon property of railroad corporations recorded after January 1, 1890, or (2) the indebtedness thereby secured: Provided further, That infancy, incompetency or nonresidence shall not affect the operation of this act.
History:
L. 1975, ch. 346, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2333f Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1943, and January 1, 1947, declared void; exceptions.

58-2333f.
Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1943, and January 1, 1947, declared void; exceptions.
Every mortgage or deed of trust securing a debt on real property in this state which mortgage or deed of trust was placed of record on or after January 1, 1943, and before January 1, 1947, or referred to or described in any instrument of record within the prescribed period shall, from and after July 1, 1980, be void as against the creditors of the person making the same or against subsequent purchasers or mortgagees unless the owner and holder thereof shall, prior to such date, cause to be filed in the office of the register of deeds of the county in which the property is located, an affidavit setting forth the name and address of the owner and holder thereof, the nature of the claim, the amount due thereon, the date of the last payment thereon and a description of the property included therein. This act shall not apply to or affect (1) mortgages, deeds of trust, or liens upon property of railroad corporations recorded after January 1, 1890, or (2) the indebtedness thereby secured. Infancy, incompetency or nonresidency shall not affect the operation of this act.
History:
L. 1979, ch. 172, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2333g Mortgages or deeds of trust recorded between January 1, 1947, and January 1, 1951, declared void; exceptions.

58-2333g.
Mortgages or deeds of trust recorded between January 1, 1947, and January 1, 1951, declared void; exceptions.
Any mortgage or deed of trust against real property located in this state recorded on or after January 1, 1947, and before January 1, 1951, or referred to or described in any instrument of record within such period shall be void, unless, prior to July 1, 1986, the owner and holder thereof files, in the office of the register of deeds of the county in which the property is located, an affidavit stating: (a) The name and address of the owner and holder thereof; (b) the nature of the claim; (c) the amount due on the claim; (d) the date of the last payment on the claim; and (e) a description of the property. This section shall not apply to or affect mortgages, deeds of trust or liens against real property of railroad corporations recorded after January 1, 1890. Infancy, incompetency or nonresidency shall not affect the operation of this act.
History:
L. 1984, ch. 249, § 1; L. 1985, ch. 185, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2333h Mortgages or deeds of trust recorded between January 1, 1951, and January 1, 1955, declared void; exceptions.

58-2333h.
Mortgages or deeds of trust recorded between January 1, 1951, and January 1, 1955, declared void; exceptions.
Any mortgage or deed of trust against real property located in this state recorded on or after January 1, 1951, and before January 1, 1955, or referred to or described in any instrument of record within such period shall be void, unless, prior to July 1, 1988, the owner and holder thereof files, in the office of the register of deeds of the county in which the property is located, an affidavit stating: (a) The name and address of the owner and holder thereof; (b) the nature of the claim; (c) the amount due on the claim; (d) the date of the last payment on the claim; and (e) a description of the property. This section shall not apply to or affect mortgages, deeds of trust or liens against real property of railroad corporations recorded after January 1, 1890. Infancy, incompetency or nonresidency shall not affect the operation of this act.
History:
L. 1987, ch. 259, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2333i Mortgages or deeds of trust recorded between January 1, 1955, and January 1, 1965, declared void; mortgages or deeds of trust recorded on or after January 1, 1965, declared void; exceptions.

58-2333i.
Mortgages or deeds of trust recorded between January 1, 1955, and January 1, 1965, declared void; mortgages or deeds of trust recorded on or after January 1, 1965, declared void; exceptions.
(a) Any mortgage or deed of trust against real property located in this state recorded on or after January 1, 1955, and before January 1, 1965, or referred to or described in any instrument of record within such period shall be void, unless, prior to July 1, 1998, the owner and holder thereof files, in the office of the register of deeds of the county in which the property is located, an affidavit stating:
(1) The name and address of the owner and holder thereof;
(2) the nature of the claim;
(3) the amount due on the claim;
(4) the date of the last payment on the claim; and
(5) a description of the property.
(b) Any mortgage or deed of trust against real property located in this state recorded on or after January 1, 1965, or referred to or described in any instrument of record after such date, shall be void by operation of law if:
(1) More than 42 years shall have elapsed between the date of the initial recording of the mortgage; and
(2) prior to July 1 of the year next preceding the date 42 years after the date of initial recording, an action is not commenced to foreclose the mortgage or deed of trust, or the owner and holder of the mortgage does not file in the office of the register of deeds of the county in which the property is located, an affidavit stating:
(A) The name and address of the owner and holder thereof;
(B) the nature of the claim;
(C) the amount due on the claim;
(D) the date of the last payment on the claim; and
(E) a description of the property.
(c) This section shall not apply to or affect mortgages, deeds of trust or liens against real property of railroad corporations recorded after January 1, 1890.
(d) Infancy, incompetency or nonresidency shall not affect the operation of this act.
History:
L. 1997, ch. 14, § 1; L. 1997, ch. 176, § 8; L. 1998, ch. 25, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2334 Foreclosure proceedings to enforce mortgages or deeds of trust of electric public utilities.

58-2334.
Foreclosure proceedings to enforce mortgages or deeds of trust of electric public utilities.
In cases where any electric public utility operating or owning property in this state shall have heretofore executed or shall hereafter execute a mortgage or deed of trust securing an issue or issues of bonds or other indebtedness, actions for foreclosure thereof may be brought in the name of the mortgagee or, in the case of deeds of trust, in the name of the trustee or trustees, and judgment rendered in favor of such mortgagee or trustee or trustees for the amount of indebtedness found owing for the benefit of the holders of such indebtedness. Such actions may be brought in the county in which the principal office of the utility in this state is located or in any county in which property covered by the mortgage is located.
All of the properties and franchises covered by the mortgage and any other properties appurtenant thereto constituting a part of the utility system may be ordered sold and sale thereof had, whether as an entirety or in classified parcels as directed by the court, at a single sale in the county where the proceeding is pending, such sale to be conducted by the sheriff of said county as in the case of other mortgage foreclosure sales, or the court may in its discretion appoint a special commissioner to make and conduct such sale, execute conveyance to the purchaser and distribute the proceeds of the sale as ordered by the court, any such sale to be subject to confirmation by the court pursuant to report thereof made by such sheriff or special commissioner.
The person or persons acquiring title under such sale by appropriate instrument of conveyance from the sheriff or special commissioner pursuant to order of confirmation of such sale, shall have and acquire thereby and may exercise and enjoy in accordance with their terms, all the rights, privileges, grants and franchises, municipal or otherwise, covered by such mortgage or deed of trust which belonged to and were enjoyed by the utility making such mortgage or deed of trust or its successors in interest, together with all permits or certificates of public convenience granted under K.S.A. 66-131, so far as the same relate and appertain to the property mortgaged and sold, and if the execution of such mortgage or deed of trust and issuance of the securities or incurring of the indebtedness secured thereby shall have been authorized by the state corporation commission, no further authorization or consent from said state corporation commission shall be required for the assignment and conveyance of such properties, rights or franchises to such purchaser or purchasers.
History:
L. 1951, ch. 370, § 1; March 31.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2335 Assumption of mortgage obligations by person not party to original mortgage; maximum fee for changing records of lending institutions.

58-2335.
Assumption of mortgage obligations by person not party to original mortgage; maximum fee for changing records of lending institutions.
Whenever the obligations of a mortgage are assumed and agreed to be paid by any one or more persons who were not parties to such original mortgage, no fee in excess of seventy-five dollars ($75) or as otherwise provided in the mortgage contract shall be charged by any savings and loan association, bank or other lending institution for the services connected with making appropriate changes in the books, papers and records of the savings and loan association, bank, or other lending institution.
History:
L. 1970, ch. 221, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2336 Liens of mortgages securing loans upon real estate; providing for the securing of future advances; priority of lien.

58-2336.
Liens of mortgages securing loans upon real estate; providing for the securing of future advances; priority of lien.
Every mortgage or other instrument securing a loan upon real estate and constituting a lien or the full equivalent thereof upon the real estate securing such loan, according to any lawful or well recognized practice, which is best suited to the transaction, may secure future advances and the lien of such mortgage shall attach upon its execution and have priority from time of recording as to all advances made thereunder until such mortgage is released of record: Provided, That the lien of such mortgage shall not exceed at any one time the maximum amount stated in the mortgage.
History:
L. 1971, ch. 190, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2337 Transfer of home loan servicing agent; definitions.

58-2337.
Transfer of home loan servicing agent; definitions.
As used in this act:
(a) "Lender" means all state and national banks, trust companies, state and federally chartered savings and loan associations, federally chartered savings banks or state and federally chartered credit unions or any person making a home loan;
(b) "selling lender" means a lender who sells, assigns or transfers the servicing of a loan to a purchasing lender or a servicing agent;
(c) "purchasing lender" means a lender or servicing agent who buys the servicing of a loan from a selling lender;
(d) "home" means a dwelling or dwellings for not more than four families. A property does not cease to be a home because of the incidental use of it for minor business purposes so long as the principal use of the property is for residence purposes;
(e) "home loan" means a real estate loan when the security is home property;
(f) "home property" means real estate on which there is located, or will be located pursuant to a home loan, a home or a combination home;
(g) "real estate loan" means a loan on the security of real estate evidenced by any form of instrument whereby a lien is created upon such real estate for the benefit of another person as security for the payment of an obligation to such person or whereby title to real estate is conveyed to another person as trustee for a third person, as security for the payment of an obligation to such third person;
(h) "person" means an individual, corporation, business trust, partnership or association or any other legal entity;
(i) "escrow account" means escrow, agency or similar account for the payment of taxes or insurance premiums with respect to a home loan.
History:
L. 1988, ch. 57, § 1; July 1.
2023 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.
2023 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.
2023 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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2341 Same; selling lender not subject to K.S.A. 58-2339.

58-2341.
Same; selling lender not subject to K.S.A. 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.
2023 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.
2023 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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2345 Appraisal of unique rural residential real property; sales comparison approach not required; exceptions.

58-2345. Appraisal of unique rural residential real property; sales comparison approach not required; exceptions.
(a) In developing an appraisal of residential real property identified as unique in style or square footage, or both, located in a rural county for the purpose of a mortgage finance transaction, if the sales comparison approach cannot be developed for a credible opinion or indication of value due to a lack of available comparable sales within 30 miles, the appraiser may perform the appraisal without completing the sales comparison approach to value. In the appraisal report, the appraiser shall provide an explanation of the reasons for exclusion of the sales comparison approach and document efforts to obtain comparable sales or market data. A financial institution shall not decline to proceed with a mortgage finance transaction due to the exclusion of the sales comparison approach in accordance with this section unless the sales comparison approach is required in order for such mortgage finance transaction loan to be guaranteed or sold in the secondary market.
(b) As used in this section:
(1) "Financial institution" means a bank, national banking association, savings and loan association, savings bank, trust company, credit union, finance company or other lending institution; and
(2) "rural county" means any county in this state with a population of less than 10,000, as certified to the secretary of state pursuant to K.S.A. 11-201, and amendments thereto, on July 1 of the preceding year.
History:
L. 2022, ch. 85, § 20; July 1.
2023 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; October 31; R.S. 1923, 67-401.
2023 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; October 31; R.S. 1923, 67-402.
2023 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; October 31; R.S. 1923, 67-403.
2023 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; October 31; R.S. 1923, 67-406.
2023 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; October 31; R.S. 1923, 67-407.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24 - Trusts And Powers › 58-2408 Same; cases to which K.S.A. 58-2406 shall not extend.

58-2408.
Same; cases to which K.S.A. 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; October 31; R.S. 1923, 67-408.
2023 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; October 31; R.S. 1923, 67-414.
2023 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; October 31; R.S. 1923, 67-416.
2023 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; October 31; R.S. 1923, 67-418.
2023 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; October 31; R.S. 1923, 67-419.