Kansas Statutes
Article 23 - Mortgages Of Real Property
58-2302 Deed as mortgage.

58-2302. Deed as mortgage. When a deed of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such deed shall not be defeated or affected as against any person other than the grantee or his or her heirs or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the register of deeds of the county where the lands lie.
History: G.S. 1868, ch. 68, ยง 2; Oct. 31; R.S. 1923, 67-302.

<< Previous
Next >>

Structure Kansas Statutes

Kansas Statutes

Chapter 58 - Personal And Real Property

Article 23 - Mortgages Of Real Property

58-2301 Lien jurisdiction; possession in mortgagor.

58-2302 Deed as mortgage.

58-2303 Short form of mortgage; warranty.

58-2304 Assignments; recording not notice to mortgagor.

58-2305 Purchase money mortgage; priority.

58-2306 Discharge or assignment of recorded mortgage; procedure.

58-2308 Discharge or assignment of mortgage to be recorded at length.

58-2309a Entry of satisfaction of mortgage; duties and liability of mortgagee or assignee of mortgage; entry of satisfaction of mortgage by lender or closing agent, when.

58-2310 Same; application to mortgages heretofore paid.

58-2311 Same; joinder of actions.

58-2312 Stipulation for attorney fees void.

58-2314 Unenforced foreclosure judgment; entry as cancellation and release of mortgage.

58-2315 Removal of buildings unlawful, when.

58-2316 Same; effect of removal; sale of buildings.

58-2317 Same; penalty.

58-2318 Execution of assignments and releases of mortgages by corporations.

58-2319 Assignments, acknowledgment of; name and address of assignee.

58-2320 Assignments, cost of acknowledgment and recording.

58-2321 Assignments not recorded; whom mortgagor may pay.

58-2322 Assignments prior to 1899.

58-2323 Assignment carries debt secured.

58-2324 Legalizing defective assignments.

58-2325 Validating defective releases and assignments.

58-2326 Validating defective mortgage foreclosure proceedings.

58-2327 Action to set aside defective foreclosure or to foreclose such mortgage; time limit.

58-2328 Waiver and disclaimer by state of certain interests under defective foreclosure proceedings prior to January 1, 1910.

58-2329 Validating certain defective releases and assignments.

58-2330 Same; limitation of actions to set aside.

58-2332 Mortgages or deeds of trust recorded prior to 1914 or referred to or described declared void; exceptions.

58-2333 Mortgages or deeds of trust recorded or referred to or described of record prior to 1919 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.

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.

58-2333c Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1927, and January 1, 1935, declared void; exceptions.

58-2333d Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1935, and January 1, 1939, declared void; exceptions.

58-2333e Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1939, and January 1, 1943, declared void; exceptions.

58-2333f Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1943, and January 1, 1947, declared void; exceptions.

58-2333g Mortgages or deeds of trust recorded between January 1, 1947, and January 1, 1951, declared void; exceptions.

58-2333h Mortgages or deeds of trust recorded between January 1, 1951, and January 1, 1955, 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.

58-2334 Foreclosure proceedings to enforce mortgages or deeds of trust of electric public utilities.

58-2335 Assumption of mortgage obligations by person not party to original mortgage; maximum fee for changing records of lending institutions.

58-2336 Liens of mortgages securing loans upon real estate; providing for the securing of future advances; priority of lien.

58-2337 Transfer of home loan servicing agent; definitions.

58-2338 Same; notice to mortgagor by selling lender; response to mortgagor by purchasing lender.

58-2339 Same; annual summary of escrow account to be provided mortgagor by purchasing lender.

58-2340 Same; liability of lenders upon failure to comply with act's requirements.

58-2341 Same; selling lender not subject to 58-2339.

58-2342 Home equity protection; terms, in writing; subject to recission, when; form; voidable, when.

58-2343 Assignment of rents of real property; lien; action upon default.

58-2344 Authorized use of real estate values furnished to appraisers by lenders.