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Statutes > Kansas > Chapter58 > Article22 > Statutes_22386

58-2252

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 22.--CONVEYANCES OF LAND

58-2252. Validating defective assignments and releases of trust deeds.In any case where a trust deed upon real estate in Kansas, given tosecure the payment of a note payable to some person other than the trusteenamed in the trust deed, has been assigned or released by the trustee,without the payee in the note joining in such assignment or release, suchassignment or release shall be deemed to be valid and the lien of suchtrust deed shall be deemed to be canceled notwithstanding the trustee is atrustee in name only and the trust deed gives the trustee no power to collectthe debt or release the trust deed: Provided, That this act shall notapply to any assignment or release which has not been recorded in theoffice of the register of deeds in the county where the land is situated atleast ten (10) years prior to the taking effect of this act: And providedfurther, That this act shall not apply to any trust deed unless the debtsecured thereby shall be due and payable for at least ten (10) years priorto the taking effect of this act.

History: L. 1931, ch. 241, § 1; May 28.

State Codes and Statutes

Statutes > Kansas > Chapter58 > Article22 > Statutes_22386

58-2252

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 22.--CONVEYANCES OF LAND

58-2252. Validating defective assignments and releases of trust deeds.In any case where a trust deed upon real estate in Kansas, given tosecure the payment of a note payable to some person other than the trusteenamed in the trust deed, has been assigned or released by the trustee,without the payee in the note joining in such assignment or release, suchassignment or release shall be deemed to be valid and the lien of suchtrust deed shall be deemed to be canceled notwithstanding the trustee is atrustee in name only and the trust deed gives the trustee no power to collectthe debt or release the trust deed: Provided, That this act shall notapply to any assignment or release which has not been recorded in theoffice of the register of deeds in the county where the land is situated atleast ten (10) years prior to the taking effect of this act: And providedfurther, That this act shall not apply to any trust deed unless the debtsecured thereby shall be due and payable for at least ten (10) years priorto the taking effect of this act.

History: L. 1931, ch. 241, § 1; May 28.

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State Codes and Statutes

Statutes > Kansas > Chapter58 > Article22 > Statutes_22386

58-2252

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 22.--CONVEYANCES OF LAND

58-2252. Validating defective assignments and releases of trust deeds.In any case where a trust deed upon real estate in Kansas, given tosecure the payment of a note payable to some person other than the trusteenamed in the trust deed, has been assigned or released by the trustee,without the payee in the note joining in such assignment or release, suchassignment or release shall be deemed to be valid and the lien of suchtrust deed shall be deemed to be canceled notwithstanding the trustee is atrustee in name only and the trust deed gives the trustee no power to collectthe debt or release the trust deed: Provided, That this act shall notapply to any assignment or release which has not been recorded in theoffice of the register of deeds in the county where the land is situated atleast ten (10) years prior to the taking effect of this act: And providedfurther, That this act shall not apply to any trust deed unless the debtsecured thereby shall be due and payable for at least ten (10) years priorto the taking effect of this act.

History: L. 1931, ch. 241, § 1; May 28.