Kansas Statutes Annotated
K.S.A. § 58-2323 (2026)
Assignment carries debt secured
✓ current as of May 2026
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58-2323. Assignment carries debt secured. The assignment of any mortgage as herein provided shall carry with it the debt thereby secured.
History: L. 1899, ch. 168, § 5; March 15; R.S. 1923, 67-323.
Notes of Decisions
Cited in 9
cases, 1994–2017 · leading case: BMO Harris Bank v. Hawes Trust Investments, LLC, 492 S.W.3d 607 (Mo. Ct. App. 2016).
BMO Harris Bank v. Hawes Trust Investments, LLC, 492 S.W.3d 607 (Mo. Ct. App. 2016). “23] Because pursuant to K.S.A. 58-2323, the assignment of a mortgage carries with it the debt secured thereby, the Kansas Judgment found that the mortgage assigned to OKL that had served as collateral for the Individual Note carried with it the debt represented by the last…”
Landmark Nat'l Bank v. Kesler, 216 P.3d 158 (Kan. 2009). “K.S.A. 58-2323. Although MERS asserts that, under some situations, the mortgage document purports to give it the same rights as the lender, the document consistently refers only to rights of the lender, including rights to receive notice *540 of litigation, to collect payments,…”
Martinez v. Mortg. Elec. Reg. Sys., Inc. (In Re Martinez), 444 B.R. 192 (Bankr. D. Kan. 2011). “2010) that "[t]he law generally understands that a mortgagee is not distinct from a lender: a mortgagee is '[o]ne to whom property is mortgaged: the mortgage creditor, or lender.”
Landmark Nat'l Bank v. Kesler, 192 P.3d 177 (Kan. Ct. App. 2008). “Similarly, tire tie between a mortgage and an underlying debt is so intrinsic that Kansas law provides that “[t]he assignment of any mortgage .”
Mortg. Elec. Reg. Sys., Inc. v. Graham, 247 P.3d 223 (Kan. Ct. App. 2010). “K.S.A. 58-2323. Although MERS asserts that, under some situations, the mortgage document purports to give it the same rights as the lender, the document consistently refers only to rights of the lender, including rights to receive notice of litigation, to collect payments, and…”
U.S. Bank Nat'l Ass'n v. McConnell, 305 P.3d 1 (Kan. Ct. App. 2013). “Thus, K.S.A. 58-2323 provides: “The assignment of any mortgage as herein provided shall cany with it the debt thereby secured.”
MetLife Home Loans v. Hansen, 286 P.3d 1150 (Kan. Ct. App. 2012). “More specifically, K.S.A. 58-2323, first adopted in 1899, directs that the assignment of any mortgage also carries with it the debt thereby secured.”
FV-I, Inc. v. Kallevig (Kan. 2017). “However, in 1899, the legislature passed the predecessor of K.S.A. 58-2323, which provides conversely: "The assignment of any mortgage as herein provided shall carry with it the debt thereby secured.”
In Re Kansas Off. Assocs., Ltd., 173 B.R. 745 (Bankr. D. Kan. 1994). “K.S.A. 58-2323 clearly states that “[t]he assignment of any mortgage as herein provided shall carry with it the debt thereby secured.”
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