CHAPTER 25 HOUSE BILL No. 2763 An Act concerning real property; relating to the release of a mortgage or deed of trust;
amending K.S.A. 1997 Supp. 58-2333i and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1997 Supp. 58-2333i is hereby amended to read as
follows: 58-2333i. (a) Any mortgage or deed of trust against real property
located in this state recorded on or after January 1, 1955, and before
January 1, 1965, or referred to or described in any instrument of record
within such period shall be void, unless, prior to July 1, 1998, the owner
and holder thereof files, in the office of the register of deeds of the county
in which the property is located, an affidavit stating:

(1) The name and address of the owner and holder thereof;

(2) the nature of the claim;

(3) the amount due on the claim;

(4) the date of the last payment on the claim; and

(5) a description of the property.

(b) Any mortgage or deed of trust against real property located in this
state recorded on or after January 1, 1965, or referred to or described in
any instrument of record after such date, shall be void by operation of
law if:

(1) More than 32 42 years shall have elapsed between the date of the
initial recording of the mortgage; and

(2) prior to July 1 of the year next preceding the date 32 42 years
after the date of initial recording, an action is not commenced to foreclose
the mortgage or deed of trust, or the owner and holder of the mortgage
does not file in the office of the register of deeds of the county in which
the property is located, an affidavit stating:

(A) The name and address of the owner and holder thereof;

(B) the nature of the claim;

(C) the amount due on the claim;

(D) the date of the last payment on the claim; and

(E) a description of the property.

(c) This section shall not apply to or affect mortgages, deeds of trust
or liens against real property of railroad corporations recorded after Jan-
uary 1, 1890.

(d) Infancy, incompetency or nonresidency shall not affect the op-
eration of this act.

Sec. 2. K.S.A. 1997 Supp. 58-2333i is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 11, 1998