58-2311. Same; joinder of actions. In any action commenced in the district court to recover damages under the provisions of this act, the plaintiff may unite with such claim a cause of action to cancel the mortgage and remove the cloud from the title; and if plaintiff recovers damages in such action, he or she shall be entitled to a further judgment canceling such mortgage and quieting the title to the mortgaged premises; and where personal service of summons cannot be had on the defendant or defendants within this state, judgment canceling such mortgage may be rendered in the action upon proof of due service by publication, or upon due personal service obtained out of this state.
History: L. 1889, ch. 175, ยง 3; March 6; R.S. 1923, 67-311.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 23 - Mortgages Of Real Property
58-2301 Lien jurisdiction; possession in mortgagor.
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.
58-2310 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.
58-2318 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.
58-2329 Validating certain defective releases and assignments.
58-2330 Same; limitation of actions to set aside.
58-2334 Foreclosure proceedings to enforce mortgages or deeds of trust of electric public utilities.
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.