Kansas Statutes Annotated

K.S.A. § 58-2321 (2026)

Assignments not recorded; whom mortgagor may pay

✓ current as of May 2026

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

58-2321. Assignments not recorded; whom mortgagor may pay. In cases where assignments of real estate mortgages are made after the passage of this act, if such assignments are not recorded, the mortgagor, his or her heirs, personal representatives, or assigns, may pay all matured interest or the principal debt itself prior to the recording of such assignment to the mortgagee, or if an assignment of such mortgage has been made that duly appears of record, then such payment may be made to the last assignee whose assignment is recorded in accordance with the provisions of this act, and such payment shall be effectual to extinguish all claims against such mortgagor, his or her heirs, personal representatives, and assigns, for or on account of such interest or such principal indebtedness; and no transfer of any note, bond or other evidence of indebtedness, by endorsement or otherwise, where such indebtedness is secured by mortgage on real estate within this state, shall prevent or operate to defeat the defense of payment of such interest or principal by the mortgagor, his or her heirs, personal representatives, or assigns, where such payment has been made to the mortgagee or to the assignee whose assignment appears last of record under the provisions of this act: Provided, however, That in all such cases the assignee who may hold such unrecorded assignment shall have a right of action against his or her assignor to recover the amount of any such payment of interest or principal made to such assignor as upon an account for money had and received for the use of such assignee.

History: L. 1899, ch. 168, § 3; March 15; R.S. 1923, 67-321.

Notes of Decisions

Cited in 3 cases, 1992–2004 · leading case: Bank W. v. Henderson, 874 P.2d 632 (Kan. 1994).

Sort: Relevance Newest Treatment

Bank W. v. Henderson, 874 P.2d 632 (Kan. 1994). · cites it 2× “” *348 K.S.A. 58-2321 requires an assignee of a mortgage to give the mortgagor credit for payments made to the assignor if the assignment is not recorded: “In cases where assignments of real estate mortgages are made after the passage of this act, if such assignments are not…”

Patton v. State Street Bank (In Re Patton), 314 B.R. 826 (Bankr. D. Kan. 2004). · cites it 2× “K.S.A. § 58-2321 requires that an assignee of a mortgage give the mortgagor credit for payments made to the assignor if the assignment is not recorded.”

First Nat'l Bank v. Jones, 839 P.2d 535 (Kan. Ct. App. 1992). · cites it 2× “nduced the party to sign the instrument with neither knowledge nor reasonable opportunity to obtain knowledge of its character or its essential terms; and (d) discharge in insolvency proceedings; (e) any other discharge of which the holder has notice when he takes the…”

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.