Discharge or assignment of mortgage to be recorded at length

K.S.A. 58-2308 — under MORTGAGES OF REAL PROPERTY.

K.S.A. 58-2308

58-2308. Discharge or assignment of mortgage to be recorded at length. Every such instrument, and the proof or acknowledgment thereof, shall be recorded at full length by the register of deeds, and a reference shall be made to the book and page containing such record or to the microphotograph number in the general or numerical indexes under the notation that such mortgage has been assigned or satisfied. History: G.S. 1868, ch. 68, § 7; R.S. 1923, 67-308; L. 1971, ch. 86, § 3; L. 1977, ch. 191, § 2; July 1. Attorney General's Opinions: Mortgage registration and intangibles; mortgage registration; instruments subject thereto. 87-162. CASE ANNOTATIONS 1. Recorded mortgage has priority over unrecorded purchase-money mortgage. Jackson v. Reid, 30 Kan. 10, 1 P. 308. 2. Mortgage and assignment should be recorded. Perkins v. Matteson, 40 Kan. 165, 19 P. 633. 3. Mortgagee's assignment of notes and mortgages as security for borrowing, relative priority of interests under UCC examined. Army Nat'l Bank v. Equity Developers, Inc., 245 Kan. 3, 16, 774 P.2d 919 (1989). 4. The effect failure to record assignment of mortgage had on rights of the assignee in relation to junior mortgagees discussed. Bank Western v. Henderson, 255 Kan. 343, 347, 874 P.2d 632 (1994). 5. Bona fide purchaser could not avoid creditor's assigned interest in mortgage because creditor allegedly failed to record assignment. In re Patton, 314 B.R. 826, 832 (2004). 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