§ 58-2301 Lien jurisdiction; possession in mortgagor
§ 58-2302 Deed as mortgage
§ 58-2303 Short form of mortgage; warranty
§ 58-2304 Assignments; recording not notice to mortgagor
§ 58-2305 Purchase money mortgage; priority
§ 58-2306 Discharge or assignment of recorded mortgage; procedure
§ 58-2308 Discharge or assignment of mortgage to be recorded at length
§ 58-2309a Entry of satisfaction of mortgage; duties and liability of mortgagee or assignee of mortgage; entry of satisfaction of mortgage by lender or closing agent, when
§ 58-2310 Same; application to mortgages heretofore paid
§ 58-2311 Same; joinder of actions
§ 58-2312 Stipulation for attorney fees void
§ 58-2314 Unenforced foreclosure judgment; entry as cancellation and release of mortgage
§ 58-2315 Removal of buildings unlawful, when
§ 58-2316 Same; effect of removal; sale of buildings
§ 58-2317 Same; penalty
§ 58-2318 Execution of assignments and releases of mortgages by corporations
§ 58-2319 Assignments, acknowledgment of; name and address of assignee
§ 58-2320 Assignments, cost of acknowledgment and recording
§ 58-2321 Assignments not recorded; whom mortgagor may pay
§ 58-2322 Assignments prior to 1899
§ 58-2323 Assignment carries debt secured
§ 58-2324 Legalizing defective assignments
§ 58-2325 Validating defective releases and assignments
§ 58-2326 Validating defective mortgage foreclosure proceedings
§ 58-2327 Action to set aside defective foreclosure or to foreclose such mortgage; time limit
§ 58-2328 Waiver and disclaimer by state of certain interests under defective foreclosure proceedings prior to January 1, 1910
§ 58-2329 Validating certain defective releases and assignments
§ 58-2330 Same; limitation of actions to set aside
§ 58-2332 Mortgages or deeds of trust recorded prior to 1914 or referred to or described declared void; exceptions
§ 58-2333 Mortgages or deeds of trust recorded or referred to or described of record prior to 1919 declared void; exceptions
§ 58-2333a Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1919, and January 1, 1923, declared void; exceptions
§ 58-2333b Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1919, and January 1, 1927, declared void; exceptions
§ 58-2333c Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1927, and January 1, 1935, declared void; exceptions
§ 58-2333d Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1935, and January 1, 1939, declared void; exceptions
§ 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
§ 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
§ 58-2333g Mortgages or deeds of trust recorded between January 1, 1947, and January 1, 1951, declared void; exceptions
§ 58-2333h Mortgages or deeds of trust recorded between January 1, 1951, and January 1, 1955, declared void; exceptions
§ 58-2333i Mortgages or deeds of trust recorded between January 1, 1955, and January 1, 1965, declared void; mortgages or deeds of trust recorded on or after January 1, 1965, declared void; exceptions
§ 58-2334 Foreclosure proceedings to enforce mortgages or deeds of trust of electric public utilities
§ 58-2335 Assumption of mortgage obligations by person not party to original mortgage; maximum fee for changing records of lending institutions
§ 58-2336 Liens of mortgages securing loans upon real estate; providing for the securing of future advances; priority of lien
§ 58-2337 Transfer of home loan servicing agent; definitions
§ 58-2338 Same; notice to mortgagor by selling lender; response to mortgagor by purchasing lender
§ 58-2339 Same; annual summary of escrow account to be provided mortgagor by purchasing lender
§ 58-2340 Same; liability of lenders upon failure to comply with act’s requirements
§ 58-2341 Same; selling lender not subject to K.S.A. 58-2339
§ 58-2342 Home equity protection; terms, in writing; subject to recission, when; form; voidable, when
§ 58-2343 Assignment of rents of real property; lien; action upon default
§ 58-2344 Authorized use of real estate values furnished to appraisers by lenders
§ 58-2345 Appraisal of unique rural residential real property; sales comparison approach not required; exceptions

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Terms Used In Kansas Statutes > Chapter 58 > Article 23 - Mortgages of Real Property

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: is a pplied to an instrument conveying lands but does not imply a sealed instrument. See Kansas Statutes 77-201
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: includes an administrator where the subject matter applies to an administrator. See Kansas Statutes 77-201
  • Executor: A male person named in a will to carry out the decedent
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Grantor: The person who establishes a trust and places property into it.
  • home loan: means a real estate loan when the security is home property;

    (f) "home property" means real estate on which there is located, or will be located pursuant to a home loan, a home or a combination home;

    (g) "real estate loan" means a loan on the security of real estate evidenced by any form of instrument whereby a lien is created upon such real estate for the benefit of another person as security for the payment of an obligation to such person or whereby title to real estate is conveyed to another person as trustee for a third person, as security for the payment of an obligation to such third person;

    (h) "person" means an individual, corporation, business trust, partnership or association or any other legal entity;

    (i) "escrow account" means escrow, agency or similar account for the payment of taxes or insurance premiums with respect to a home loan. See Kansas Statutes 58-2337

  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legatee: A beneficiary of a decedent
  • Lender: means all state and national banks, trust companies, state and federally chartered savings and loan associations, federally chartered savings banks or state and federally chartered credit unions or any person making a home loan;

    (b) "selling lender" means a lender who sells, assigns or transfers the servicing of a loan to a purchasing lender or a servicing agent;

    (c) "purchasing lender" means a lender or servicing agent who buys the servicing of a loan from a selling lender;

    (d) "home" means a dwelling or dwellings for not more than four families. See Kansas Statutes 58-2337

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Minor: means any person defined by Kan. See Kansas Statutes 77-201
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
  • Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
  • seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trustee: A person or institution holding and administering property in trust.