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

58-2327

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

      58-2327.   Action to set aside defective foreclosure or to foreclosesuch mortgage; time limit.The holder of any mortgage as original mortgagee or assignee thereof, orthe administrator or executor of any deceased mortgagee or assignee of anymortgage which has been foreclosed in the manner set forth in K.S.A.58-2326 whose title or claim to such mortgage is adverse tothe party having foreclosed the same, shall have six (6) months from thetaking effect of this act in which to commence an action in a court ofcompetent jurisdiction to set aside such foreclosure proceedings or toforeclose said mortgage, and if such action to set aside said foreclosureproceedings or to foreclose said mortgage shall not be commenced withinsaid period of six (6) months from the taking effect of this act the saidholder of said mortgage as original mortgagee or assignee thereof shallforever be barred from bringing any action to set aside said foreclosureproceedings or to foreclose said mortgage.

      History:   L. 1931, ch. 242, § 2; May 28.