Kansas Statutes Annotated
K.S.A. § 58-2301 (2026)
Lien jurisdiction; possession in mortgagor
✓ current as of May 2026
Find cases:
SyfertCases citing this section
KS-LEGkslegislature.org
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
58-2301. Lien jurisdiction; possession in mortgagor. In the absence of stipulations to the contrary, the mortgagor of real property may retain the possession thereof.
History: G.S. 1868, ch. 68, § 1; October 31; R.S. 1923, 67-301.
Notes of Decisions
Cited in 7
cases, 1982–2020 · leading case: Sw. Nat'l Bank v. Southworth (In Re Southworth), 22 B.R. 376 (Bankr. D. Kan. 1982).
Sw. Nat'l Bank v. Southworth (In Re Southworth), 22 B.R. 376 (Bankr. D. Kan. 1982). “In Kansas, a mortgage is a lien on real property to secure payment of a debt, K.S.A. § 58-2301 (1976), and written instruments affecting an interest in real estate are subject to recording in the register of deeds office where the real estate is located.”
State v. Houck, 727 P.2d 460 (Kan. 1986). “1949] 67-301 [now K.S.A. 58-2301] provides that in the absence of stipulations to the contrary, the mortgagor of real property may retain the possession thereof.”
Nazar v. S. (In Re S.), 32 B.R. 761 (Bankr. D. Kan. 1983). “Assignment of the Mortgage ASB also has an assignment of the mortgage on Lots 1 and 2.”
Balcor Pension Investors v v. Wiston XXIV Ltd. (In Re Wiston XXIV Ltd.), 147 B.R. 575 (D. Kan. 1992). “2d 683, 685 (1987); K.S.A. 58-2301. A mortgagor is entitled to use and possession of the premises, together with income generated from the property, until his right is divested by appropriate judicial proceedings, or at least until a receiver is appointed to take possession…”
Bank W. v. Henderson, 874 P.2d 632 (Kan. 1994). “The provisions of that act now substantially appear in K.S.A. 58-2301 et seq. This court stated; “That act does not undertake to limit the methods by which real-estate mortgages may be transferred, and it does not provide that the failure to make a record of an assignment of a…”
In Re Stanley Station Assocs., L.P., 139 B.R. 990 (Bankr. D. Kan. 1992). “” Since then, the act has survived without change and is now found at K.S.A. 58-2301 in this form: K.S.A. 58-2301.”
Fairfax Portfolio v. Carojoto (Kan. 2020). “" Likewise, even the earliest Kansas real estate cases, which lay the foundation for the nature of the relationship between mortgagor/borrower and mortgagee/lender, make it clear that the borrower retains possession of the mortgaged property.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.