58-2333e. Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1939, and January 1, 1943, declared void; exceptions. - Kansas Statutes

58-2333e

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

      58-2333e.   Mortgages or deeds of trust recorded or referred to ordescribed of record between January 1, 1939, and January 1, 1943, declaredvoid; 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 on or afterJanuary 1, 1939, and before January 1, 1943, or referred to or described inany instrument of record within the prescribed period shall, from and afterJuly 1, 1976, be void as against the creditors of the person making thesame or against subsequent purchasers or mortgagees unless the owner andholder thereof shall, prior to such date, cause to be filed in the officeof the register of deeds of the county in which the property is located, anaffidavit setting forth the name and address of the owner and holderthereof, the nature of the claim, the amount due thereon, the date of thelast payment thereon and a description of the property included therein:Provided, That this act shall not apply to or affect (1) mortgages,deeds of trust, or liens upon property of railroad corporations recordedafter January 1, 1890, or (2) the indebtedness thereby secured: Providedfurther, That infancy, incompetency or nonresidence shall not affect theoperation of this act.

      History:   L. 1975, ch. 346, § 1; July 1.