58-2306. Discharge or assignment of recorded mortgage; procedure.
58-2306
58-2306. Discharge or assignment of recorded mortgage; procedure.(a) Except as otherwise provided by this section, any mortgage of realproperty that has been or may hereafter be recordedshall be assigned or discharged by an instrument acknowledging theassignment or satisfaction of such mortgage, signed by the mortgagee or suchmortgagee's duly authorized attorney in fact, assigneeof record,personal representative or by the lenderor a designated closing agent acting as aclosing agent in the sale, financing or refinancing of the real estate subjectto suchmortgagewho has caused theindebtedness to be paid in full upon compliance with K.S.A. 58-2309a, andamendments thereto, and duly acknowledged and certified as otherinstruments affecting real estate. Such instrument shall contain thename of the mortgagor and mortgagee, a legal description of the propertyand the volume and page in which the mortgage is recorded.
(b) Where the mortgagee or assignee of record is deceased, and where theestate of such deceased mortgagee or assignee of record is in process ofadministration, in this or any other state, an assignment or a fullrelease of such mortgage may be made by the executor or administratorwithout any showing as to the provisions of the will of the deceased,but there must accompany such assignment or release, as a part thereof,a certificate from a court of competent jurisdiction appointing suchexecutor or administrator, under the hand of its proper officer, andattested by its seal, certifying as to such appointment, and that suchexecutor or administrator is, at the date of such assignment or release,still so acting under the authority of such court. Such certificateshall not be required when the executor or administrator is acting underappointment of the district court of the county where the real estatemortgaged is located. Where the estate of such deceased has not beenadministered upon, or where the estate of such deceased has beenadministered and settled and the executor or administrator discharged,such assignment or release may be made by the heirs at law or legatee ofsuch deceased mortgagee or assignee, and competent evidence must befurnished by them of the fact.
(c) Where the mortgagee or assignee of record is a firm or partnership,such mortgage shall be assigned or discharged by an instrumentacknowledging the assignment or satisfaction of such mortgage ashereinbefore provided. Such instrument shall be signed either by eachmember of the firm or partnership, or by the firm or partnership, or bythe firm or partnership by one of the members thereof.
(d) Any mortgage which, prior to July 1, 1977, has been released bya notation on the original mortgage instrument and signed by the mortgageeor the mortgagee's duly authorized attorney in fact, assignee of recordor personal representative may be recorded in the office of the registerof deeds of the county where the mortgaged property is located. When recorded,such release shall have the same force and effect as mortgages dischargedin accordance with subsection (a).
History: G.S. 1868, ch. 68, § 5; L. 1903, ch. 365, § 1; R.S.1923, 67-306; L. 1971, ch. 86, § 2; L. 1976, ch. 145, § 205; L. 1977,ch. 191, § 1; L. 1979, ch. 174, § 1;L. 1995, ch. 173, § 1; July 1.