58-2309a.Entry of satisfaction of mortgage; dutiesand liability ofmortgagee or assignee of mortgage; entry of satisfaction of mortgage by lenderor closing agent, when.(a) When theindebtedness secured by a recorded mortgage is paid and there is noagreement for the making of future advances to be secured by themortgage, the mortgagee or the mortgagee'sassignee shall enter satisfactionor cause satisfaction of such mortgage to be entered of recordforthwith, paying the required fee.The fee may be collected from the mortgagor pursuant to K.S.A. 16-207, andamendments thereto, except that thefailure of the mortgagor to pay such fee shall not relieve the mortgagee or themortgagee's assignee from entering satisfaction of such mortgage in compliancewith the provisions of this section.In the event the mortgagee or themortgagee's assignee fails to enter satisfaction or cause satisfaction of suchmortgage to be entered within 20 days after written demand by certified orregistered mail, the lender or a designated closing agent acting as a closingagent in the sale, financing or refinancing of the real estate subject to suchmortgage, whoupon reliance of written payoff information provided by the mortgagee, andwhich payoff information shall be deemed as the correct and full amount due andowing under such mortgage, has caused the indebtedness to be paid in full maycause satisfaction of the mortgage to be entered. If in fact the mortgagee ormortgagee's assignee was not paid in accordance with the aforesaid payoffinformation when the mortgage was released the lender or the closing agent inthesale, financing or refinancing of the real estate subject to such mortgage whosigned thefalse release shall be liable in damages to the mortgagee or mortgagee'sassignee for the entire indebtedness togetherwith interest thereon, attorney fees, and any additional damages that themortgagee or mortgagee's assignee has incurred. Upon recording of suchsatisfaction by the lender or closing agent in the sale, financing orrefinancingof the realestate subject to such mortgage, who has caused the indebtedness to be paid infull, such mortgage shall be deemed fully released as if discharged by themortgagee or mortgagee's assignee.
(b) When a mortgage is recorded covering real estate in whichthe mortgagor has no interest, the mortgagee orthe mortgagee's assignee shall enter satisfaction or cause satisfaction ofsuch mortgage to be entered of record, paying the required feewithout charge to the mortgagor or the mortgagor's assigns.
(c) The following persons may make demandupon a mortgagee or assignee of a mortgagee for the entering of satisfaction ofthe mortgage, as provided for in subsections (a) and (b):
(1) A mortgagor, a mortgagor's heirs or assigns or anyone acting for suchmortgagor, heirs or assigns;
(2) an owner of real estate upon which a mortgage has been recorded bysomeone having no interest in the real estate; or
(3) a lender or designated closing agent acting as a closing agent in thesale, financing or refinancing of the real estate subject to such mortgage.
(d) Any mortgagee or assignee of a mortgagee who refuses or neglectsto enter satisfaction of such mortgage within 20 daysafter demand has been made as provided in subsection (c) shall be liablein damages to the person for whom thedemand was made in the sum of $500, together witha reasonable attorney's fee for preparing and prosecutingthe action.The plaintiff in such action may recover any additional damages that theevidence in the case warrants. Civil actions may be brought underthis act before any court of competent jurisdiction, and attachments maybe had as in other cases.
(e) The mortgagee or assignee of a mortgagee entering satisfactionor causing to be entered satisfaction of a mortgage under the provisions ofsubsection(a) shall furnish to the office of the register of deeds thefull name and last known post office address of the mortgagor or themortgagor's assignee. The register of deeds shall forward suchinformation to the county clerk who shall make any necessary changes inaddress records for mailing tax statements.
58-2309a.Entry of satisfaction of mortgage; dutiesand liability ofmortgagee or assignee of mortgage; entry of satisfaction of mortgage by lenderor closing agent, when.(a) When theindebtedness secured by a recorded mortgage is paid and there is noagreement for the making of future advances to be secured by themortgage, the mortgagee or the mortgagee'sassignee shall enter satisfactionor cause satisfaction of such mortgage to be entered of recordforthwith, paying the required fee.The fee may be collected from the mortgagor pursuant to K.S.A. 16-207, andamendments thereto, except that thefailure of the mortgagor to pay such fee shall not relieve the mortgagee or themortgagee's assignee from entering satisfaction of such mortgage in compliancewith the provisions of this section.In the event the mortgagee or themortgagee's assignee fails to enter satisfaction or cause satisfaction of suchmortgage to be entered within 20 days after written demand by certified orregistered mail, the lender or a designated closing agent acting as a closingagent in the sale, financing or refinancing of the real estate subject to suchmortgage, whoupon reliance of written payoff information provided by the mortgagee, andwhich payoff information shall be deemed as the correct and full amount due andowing under such mortgage, has caused the indebtedness to be paid in full maycause satisfaction of the mortgage to be entered. If in fact the mortgagee ormortgagee's assignee was not paid in accordance with the aforesaid payoffinformation when the mortgage was released the lender or the closing agent inthesale, financing or refinancing of the real estate subject to such mortgage whosigned thefalse release shall be liable in damages to the mortgagee or mortgagee'sassignee for the entire indebtedness togetherwith interest thereon, attorney fees, and any additional damages that themortgagee or mortgagee's assignee has incurred. Upon recording of suchsatisfaction by the lender or closing agent in the sale, financing orrefinancingof the realestate subject to such mortgage, who has caused the indebtedness to be paid infull, such mortgage shall be deemed fully released as if discharged by themortgagee or mortgagee's assignee.
(b) When a mortgage is recorded covering real estate in whichthe mortgagor has no interest, the mortgagee orthe mortgagee's assignee shall enter satisfaction or cause satisfaction ofsuch mortgage to be entered of record, paying the required feewithout charge to the mortgagor or the mortgagor's assigns.
(c) The following persons may make demandupon a mortgagee or assignee of a mortgagee for the entering of satisfaction ofthe mortgage, as provided for in subsections (a) and (b):
(1) A mortgagor, a mortgagor's heirs or assigns or anyone acting for suchmortgagor, heirs or assigns;
(2) an owner of real estate upon which a mortgage has been recorded bysomeone having no interest in the real estate; or
(3) a lender or designated closing agent acting as a closing agent in thesale, financing or refinancing of the real estate subject to such mortgage.
(d) Any mortgagee or assignee of a mortgagee who refuses or neglectsto enter satisfaction of such mortgage within 20 daysafter demand has been made as provided in subsection (c) shall be liablein damages to the person for whom thedemand was made in the sum of $500, together witha reasonable attorney's fee for preparing and prosecutingthe action.The plaintiff in such action may recover any additional damages that theevidence in the case warrants. Civil actions may be brought underthis act before any court of competent jurisdiction, and attachments maybe had as in other cases.
(e) The mortgagee or assignee of a mortgagee entering satisfactionor causing to be entered satisfaction of a mortgage under the provisions ofsubsection(a) shall furnish to the office of the register of deeds thefull name and last known post office address of the mortgagor or themortgagor's assignee. The register of deeds shall forward suchinformation to the county clerk who shall make any necessary changes inaddress records for mailing tax statements.
58-2309a.Entry of satisfaction of mortgage; dutiesand liability ofmortgagee or assignee of mortgage; entry of satisfaction of mortgage by lenderor closing agent, when.(a) When theindebtedness secured by a recorded mortgage is paid and there is noagreement for the making of future advances to be secured by themortgage, the mortgagee or the mortgagee'sassignee shall enter satisfactionor cause satisfaction of such mortgage to be entered of recordforthwith, paying the required fee.The fee may be collected from the mortgagor pursuant to K.S.A. 16-207, andamendments thereto, except that thefailure of the mortgagor to pay such fee shall not relieve the mortgagee or themortgagee's assignee from entering satisfaction of such mortgage in compliancewith the provisions of this section.In the event the mortgagee or themortgagee's assignee fails to enter satisfaction or cause satisfaction of suchmortgage to be entered within 20 days after written demand by certified orregistered mail, the lender or a designated closing agent acting as a closingagent in the sale, financing or refinancing of the real estate subject to suchmortgage, whoupon reliance of written payoff information provided by the mortgagee, andwhich payoff information shall be deemed as the correct and full amount due andowing under such mortgage, has caused the indebtedness to be paid in full maycause satisfaction of the mortgage to be entered. If in fact the mortgagee ormortgagee's assignee was not paid in accordance with the aforesaid payoffinformation when the mortgage was released the lender or the closing agent inthesale, financing or refinancing of the real estate subject to such mortgage whosigned thefalse release shall be liable in damages to the mortgagee or mortgagee'sassignee for the entire indebtedness togetherwith interest thereon, attorney fees, and any additional damages that themortgagee or mortgagee's assignee has incurred. Upon recording of suchsatisfaction by the lender or closing agent in the sale, financing orrefinancingof the realestate subject to such mortgage, who has caused the indebtedness to be paid infull, such mortgage shall be deemed fully released as if discharged by themortgagee or mortgagee's assignee.
(b) When a mortgage is recorded covering real estate in whichthe mortgagor has no interest, the mortgagee orthe mortgagee's assignee shall enter satisfaction or cause satisfaction ofsuch mortgage to be entered of record, paying the required feewithout charge to the mortgagor or the mortgagor's assigns.
(c) The following persons may make demandupon a mortgagee or assignee of a mortgagee for the entering of satisfaction ofthe mortgage, as provided for in subsections (a) and (b):
(1) A mortgagor, a mortgagor's heirs or assigns or anyone acting for suchmortgagor, heirs or assigns;
(2) an owner of real estate upon which a mortgage has been recorded bysomeone having no interest in the real estate; or
(3) a lender or designated closing agent acting as a closing agent in thesale, financing or refinancing of the real estate subject to such mortgage.
(d) Any mortgagee or assignee of a mortgagee who refuses or neglectsto enter satisfaction of such mortgage within 20 daysafter demand has been made as provided in subsection (c) shall be liablein damages to the person for whom thedemand was made in the sum of $500, together witha reasonable attorney's fee for preparing and prosecutingthe action.The plaintiff in such action may recover any additional damages that theevidence in the case warrants. Civil actions may be brought underthis act before any court of competent jurisdiction, and attachments maybe had as in other cases.
(e) The mortgagee or assignee of a mortgagee entering satisfactionor causing to be entered satisfaction of a mortgage under the provisions ofsubsection(a) shall furnish to the office of the register of deeds thefull name and last known post office address of the mortgagor or themortgagor's assignee. The register of deeds shall forward suchinformation to the county clerk who shall make any necessary changes inaddress records for mailing tax statements.
