58-2333f. Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1943, and January 1, 1947, declared void; exceptions. - Kansas Statutes

58-2333f

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

      58-2333f.   Mortgages or deeds of trust recorded or referred to or describedof record between January 1, 1943, and January 1, 1947, 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 on or afterJanuary 1, 1943, and before January 1, 1947, or referred to or describedin any instrument of record within the prescribed period shall, from andafter July 1, 1980, be void as against the creditors of the personmaking the same or against subsequent purchasers or mortgagees unlessthe owner and holder thereof shall, prior to such date, cause to befiled in the office of the register of deeds of the county in which theproperty is located, an affidavit setting forth the name and address ofthe owner and holder thereof, the nature of the claim, the amount duethereon, the date of the last payment thereon and a description of theproperty included therein. This act shall not applyto or affect (1) mortgages, deeds of trust, or liens upon property ofrailroad corporations recorded after January 1, 1890, or (2) theindebtedness thereby secured. Infancy,incompetency or nonresidency shall not affect the operation of this act.

      History:   L. 1979, ch. 172, § 1; July 1.