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

K.S.A. § 58-2309a (2026)

Entry of satisfaction of mortgage; duties and liability of mortgagee or assignee of mortgage; entry of satisfaction of mortgage by lender or closing agent, when

✓ current as of May 2026
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58-2309a. Entry of satisfaction of mortgage; duties and liability of mortgagee or assignee of mortgage; entry of satisfaction of mortgage by lender or closing agent, when. (a) When the indebtedness secured by a recorded mortgage is paid and there is no agreement for the making of future advances to be secured by the mortgage, the mortgagee or the mortgagee's assignee shall enter satisfaction or cause satisfaction of such mortgage to be entered of record forthwith, paying the required fee. The fee may be collected from the mortgagor pursuant to K.S.A. 16-207, and amendments thereto, except that the failure of the mortgagor to pay such fee shall not relieve the mortgagee or the mortgagee's assignee from entering satisfaction of such mortgage in compliance with the provisions of this section. In the event the mortgagee or the mortgagee's assignee fails to enter satisfaction or cause satisfaction of such mortgage to be entered within 20 days after written demand by certified or registered mail, the lender or a designated closing agent acting as a closing agent in the sale, financing or refinancing of the real estate subject to such mortgage, who upon reliance of written payoff information provided by the mortgagee, and which payoff information shall be deemed as the correct and full amount due and owing under such mortgage, has caused the indebtedness to be paid in full may cause satisfaction of the mortgage to be entered. If in fact the mortgagee or mortgagee's assignee was not paid in accordance with the aforesaid payoff information when the mortgage was released the lender or the closing agent in the sale, financing or refinancing of the real estate subject to such mortgage who signed the false release shall be liable in damages to the mortgagee or mortgagee's assignee for the entire indebtedness together with interest thereon, attorney fees, and any additional damages that the mortgagee or mortgagee's assignee has incurred. Upon recording of such satisfaction by the lender or closing agent in the sale, financing or refinancing of the real estate subject to such mortgage, who has caused the indebtedness to be paid in full, such mortgage shall be deemed fully released as if discharged by the mortgagee or mortgagee's assignee.

(b) When a mortgage is recorded covering real estate in which the mortgagor has no interest, the mortgagee or the mortgagee's assignee shall enter satisfaction or cause satisfaction of such mortgage to be entered of record, paying the required fee without charge to the mortgagor or the mortgagor's assigns.

(c) The following persons may make demand upon a mortgagee or assignee of a mortgagee for the entering of satisfaction of the mortgage, as provided for in subsections (a) and (b):

(1) A mortgagor, a mortgagor's heirs or assigns or anyone acting for such mortgagor, heirs or assigns;

(2) an owner of real estate upon which a mortgage has been recorded by someone having no interest in the real estate; or

(3) a lender or designated closing agent acting as a closing agent in the sale, financing or refinancing of the real estate subject to such mortgage.

(d) Any mortgagee or assignee of a mortgagee who refuses or neglects to enter satisfaction of such mortgage within 20 days after demand has been made as provided in subsection (c) shall be liable in damages to the person for whom the demand was made in the sum of $500, together with a reasonable attorney's fee for preparing and prosecuting the action. The plaintiff in such action may recover any additional damages that the evidence in the case warrants. Civil actions may be brought under this act before any court of competent jurisdiction, and attachments may be had as in other cases.

(e) The mortgagee or assignee of a mortgagee entering satisfaction or causing to be entered satisfaction of a mortgage under the provisions of subsection (a) shall furnish to the office of the register of deeds the full name and last known post office address of the mortgagor or the mortgagor's assignee. The register of deeds shall forward such information to the county clerk who shall make any necessary changes in address records for mailing tax statements.

History: L. 1971, ch. 189, § 1; L. 1980, ch. 163, § 1; L. 1989, ch. 165, § 1; L. 1994, ch. 250, § 1; L. 1995, ch. 173, § 2; L. 2001, ch. 28, § 1; L. 2005, ch. 52, § 1; July 1.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1993–2024 · leading case: Metro. Life Ins. v. Strnad, 876 P.2d 1362 (Kan. 1994).
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Metro. Life Ins. v. Strnad, 876 P.2d 1362 (Kan. 1994). · cites it 4× “16-207(c), which prohibits prepayment penalties on home loans after six months from the execution of the note; and K.S.A. 58-2309a, which applies to entry of satisfaction of mortgages and duties and liabilities of a mortgagee or assignee of a mortgage.”
Cadle Co. II, Inc. v. Lewis, 864 P.2d 718 (Kan. 1993). · cites it 2× “Lewis (Lewis), cross-appeals from a judgment of the district court in favor of the plaintiff on the defendant’s claim for statutory damages and attorney fees sought pursuant to K.S.A. 58-2309a. The Court of Appeals affirmed the district court judgments in an unpublished opinion…”
Landmark Nat'l Bank v. Kesler, 192 P.3d 177 (Kan. Ct. App. 2008). “58-2309a that a mortgage holder promptly release a mortgage when the debt has been paid; MERS could be required as a matter of law to file a mortgage release after a borrower proved that the debt had been paid. Other than that, however, it is hard to conceive of another act that…”
In Re Roth, 7 P.3d 241 (Kan. 2000). “In any event, it didn’t work and die mortgages were released within twenty (20) days of demand pursuant to K.S.A. 58-2309a(d).’ “c. Tut the public on notice that fraudulent transfers had occurred.”
Ellis v. Popular Bank (D. Kan. 2024). · cites it 13× “Similarly, Defendant Popular Bank (the “Bank”) seeks dismissal of Plaintiffs’ Counts I–V, which are claims against it for slander of title, fraud, violation of K.S.A. § 58-2309a, and punitive damages.1 For the reasons stated below, the Court denies the SBA’s Motion and grants in…”
Moral v. PHH Mortg. Corp. (D. Kan. 2022). · cites it 5× “§ 58-2309a. PHH argues, among other things, that Plaintiffs have failed to allege that they demanded a release by certified or registered mail as required by the statute.”
— K.S.A. § 58-2309a(a) — 2 cases
Moral v. PHH Mortg. Corp. (D. Kan. 2022). “§ 58-2309a. PHH argues, among other things, that Plaintiffs have failed to allege that they demanded a release by certified or registered mail as required by the statute.”
Ellis v. Popular Bank (D. Kan. 2024). “Similarly, Defendant Popular Bank (the “Bank”) seeks dismissal of Plaintiffs’ Counts I–V, which are claims against it for slander of title, fraud, violation of K.S.A. § 58-2309a, and punitive damages.1 For the reasons stated below, the Court denies the SBA’s Motion and grants in…”
— K.S.A. § 58-2309a(d) — 2 cases
In Re Roth, 7 P.3d 241 (Kan. 2000). “In any event, it didn’t work and die mortgages were released within twenty (20) days of demand pursuant to K.S.A. 58-2309a(d).’ “c. Tut the public on notice that fraudulent transfers had occurred.”
Moral v. PHH Mortg. Corp. (D. Kan. 2022). “§ 58-2309a. PHH argues, among other things, that Plaintiffs have failed to allege that they demanded a release by certified or registered mail as required by the statute.”
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