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

58-2332

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

      58-2332.   Mortgages or deeds of trust recorded prior to 1914 orreferred to or described declared void; exceptions.Every mortgage or deed of trust securing a debt on real property in thisstate which mortgage or deed of trust was placed of record before January1, 1914, or referred to or described in any instrument of record prior tosaid date, shall, from and after July 1, 1948, be void as against thecreditors of the person making the same or against subsequent purchasers ormortgagees unless the owner and holder thereof shall, prior to such date,cause to be filed in the office of the register of deeds of the county inwhich the property is located, an affidavit setting forth the name andaddress of the owner and holder thereof, the nature of the claim, theamount due thereon, the date of the last payment thereon and a descriptionof the property included therein: Provided, That this act shall notapply to or affect (1) mortgages, deeds of trust, or liens upon property ofrailroad corporations recorded after January 1, 1890, or (2) theindebtedness thereby secured: Provided further, That infancy,incompetency or nonresidence shall not affect the operation of this act.

      History:   L. 1947, ch. 336, § 1; June 30.