58-2314. Unenforced foreclosure judgment; entry as cancellation and release of mortgage.
58-2314
58-2314. Unenforced foreclosure judgment; entry as cancellation andrelease of mortgage.(a) Whenever real estate mortgages have been, or shall be, foreclosed byjudgment of the district court in any county in the state of Kansas, andno renewal affidavit shall have been filed orno execution or orders of sale shall have been issued thereon withinfive years and no proceedings have been instituted in accordancewith the provisions of K.S.A. 60-2404 and amendments thereto to revive the judgment and noappeal has been taken for a period of seven years from the date ofthe entry of the judgment of foreclosure, then itshall be the duty of the clerk of the court, on application ofany party in interest, torecord in the office of the register of deeds in which themortgage is recorded, an instrument giving the date of the entry ofthe judgment of foreclosure with the page of the journal or the microphotographnumber in which the judgment is recorded, together with thestatement that no renewal affidavit was filed, nor execution or orderof sale issued within five years, nor anyproceedings to revive the judgment were instituted withinseven years from the date of the entry of thejudgment. The recorded instrumentshall operate as a cancellation and release of the mortgage.
(b) A "renewal affidavit" is a statement under oath, signed by thejudgment creditor or the judgment creditor's attorney, filed in theproceedings in which the judgment was entered and stating the remainingbalance due and unpaid on the judgment.
The five-year period specified in this section shall not run during anyperiod in which the enforcement of the judgment by legal process is stayedor prohibited.
History: L. 1913, ch. 230, § 1; R.S. 1923, 67-314; L. 1971, ch.86, § 5; L. 1974, ch. 233, § 1; L. 1976, ch. 196, § 2; L. 1977,ch. 191, § 3;L. 1990, ch. 207, § 1; July 1.