K.S.A. » Chapter 58
Kansas Statutes Annotated

K.S.A. § 58-2305 (2026)

Purchase money mortgage; priority

✓ current as of May 2026
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58-2305. Purchase money mortgage; priority. A mortgage given by a purchaser to secure the payment of purchase money shall have preference over a prior judgment against such purchaser.

History: G.S. 1868, ch. 68, § 4; October 31; R.S. 1923, 67-305.

Notes of Decisions
Cited in 5 cases, 1986–2010 · leading case: Am. Gen. Fin. Servs., Inc. v. Carter, 184 P.3d 273 (Kan. Ct. App. 2008).
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Am. Gen. Fin. Servs., Inc. v. Carter, 184 P.3d 273 (Kan. Ct. App. 2008). · cites it 4× “K.S.A. 58-2305 provides: “A mortgage given by a purchaser to secure the payment of purchase money shall have preference over a prior judgment against such purchaser.”
Shade v. Wheatcraft Indus., Inc., 809 P.2d 538 (Kan. 1991). · cites it 3× “60-1101 provides, in part, that a mechanic’s lien “shall be preferred to all other liens or encumbrances which are subsequent to the commencement of the furnishing of such labor, equipment, materials or supplies.” K.S.A. 58-2223 states: “No such instrument [affecting real…”
Resolution Trust Corp. v. Bopp, 850 P.2d 939 (Kan. Ct. App. 1993). · cites it 12× “The district court found that the mortgage to Anchor was a purchase money mortgage under K.S.A. 58-2305, and, therefore, Anchor was entitled to priority over the trustees' judgment lien to the full extent of the loan.”
Home State Bank v. P. B. Hoidale Co., 718 P.2d 292 (Kan. 1986). “The trial court held that the first two of the Bank’s mortgages were purchase money mortgages and as such they were prior to Hoidale’s mechanic’s lien by virtue of K.S.A. 58-2305. The court held that the Bank’s third mortgage was not a purchase money mortgage.”
In Re Black Angus Holdings, LLC, 434 B.R. 612 (Bankr. D. Kan. 2010). · cites it 5× “The only statute cited by the parties is K.S.A. 58-2305, which provides: “A mortgage given by a purchaser to secure the payment of purchase money shall have preference over a prior judgment against such purchaser.”
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