58-2326. Validating defective mortgage foreclosure proceedings. - Kansas Statutes

58-2326

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 23.--MORTGAGES OF REAL PROPERTY

      58-2326.   Validating defective mortgage foreclosure proceedings.In any case where a mortgage upon real estate in Kansas has beenforeclosed in a court of competent jurisdiction, said foreclosureproceedings shall be deemed to be valid and the lien of the mortgageforeclosed shall be deemed to be canceled notwithstanding the foreclosureproceedings may have been brought by or in the name of some person otherthan the original mortgagee and without an assignment from such mortgageebeing of record or shown in the foreclosure proceedings: Provided,That this act shall not apply or be construed to validate any mortgageforeclosure proceeding which was not completed at least ten (10) yearsprior to the taking effect of this act: And provided further, Thatthis act shall not apply to any mortgage or the foreclosure thereof unlessthe 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.