Assignments; recording not notice to mortgagor

K.S.A. 58-2304 — under MORTGAGES OF REAL PROPERTY.

K.S.A. 58-2304

58-2304. Assignments; recording not notice to mortgagor. The recording of the assignment of a mortgage shall not be deemed of itself notice to a mortgagor, his or her heirs or personal representatives, so as to invalidate any payment made by them or either of them to the mortgagee. History: G.S. 1868, ch. 68, § 3; October 31; R.S. 1923, 67-304. Cross References to Related Sections: Assignments not recorded, see 58-2321. CASE ANNOTATIONS 1. Payment of nonnegotiable note to original payee, without notice, satisfies. Chapman v. Steiner, 5 Kan. App. 326, 48 P. 607. 2. Record not made of the assignment; effect. Burhans v. Hutcheson, 25 Kan. 625. 3. Payor held charged with notice of assignment duly recorded. Detwilder v. Heckenlaible, 63 Kan. 627, 66 P. 653. 4. Mortgage assigned; assignment not recorded; second mortgage executed; priority lien. Middlekauff v. Bell, 111 Kan. 206, 213, 207 P. 184. 5. Unrecorded assignment of mortgage; payment to original mortgagee; statute construed. Allen v. Waddle, 111 Kan. 690, 691, 694, 208 P. 551. 6. Cited in holding mortgagee bond did not constitute assignment of mortgage. Shawnee County Comm'rs v. Cook, 141 Kan. 677, 681, 42 P.2d 568. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026