58-2329. Validating certain defective releases and assignments. - Kansas Statutes

58-2329

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

      58-2329.   Validating certain defective releases and assignments.Any and all mortgage releases and assignments of mortgages which havebeen recorded in the office of the register of deeds, in any county of thestate 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, orby any executor or administrator of any deceased mortgagee or deceased assignee,or purporting to be executed by the heirs or legatees of any deceasedmortgagee or deceased assignee, or by any person acting for a corporation,who is either mortgagee or assignee of said mortgage, shall be deemed to bevalid, and the lien of such mortgage shall be deemed to be canceled, andreleased notwithstanding any defects in the execution, acknowledgment,certificate of acknowledgment, recording or certificate of recording of thesame: Provided, That this act shall not apply to any release orassignment which has not been recorded in the office of the register ofdeeds, in the county where the land is situated, at least five (5) yearsprior to July 1, 1957: Provided further, That this act shall not applyto any mortgage unless the debt secured by such mortgage has been due andpayable for at least five (5) years prior to July 1, 1957: Provided,That this amendment shall not revive any rights or actions previouslybarred.

      History:   L. 1941, ch. 283, § 1; L. 1957, ch. 352, § 1; July 1.