Assignments not recorded; whom mortgagor may pay

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. Source or prior law: L. 1897, ch. 160, §§ 5, 7. Cross References to Related Sections: Recording not notice to mortgagor, see 58-2304. Discharge of recorded mortgage, see 58-2306. Law Review and Bar Journal References: Mortgage "payment" statutes in Kansas and New Mexico, Verle R. Seed, 3 K.L.R. 87, 89 (1954). Case in annotation No. 10 below discussed in 1959-61 survey of real property and future interests, James K. Logan and N. William Hines, Jr., 10 K.L.R. 277, 294 (1961). Attorney General's Opinions: Mortgage registration and intangibles; mortgage registration; instruments subject thereto. 87-162. CASE ANNOTATIONS 1. Insurance; proof of loss waived; inures to mortgagee's benefit, when. Insurance Co. v. Ketcham, 9 Kan. App. 552, 554, 58 P. 229. 2. Mortgage assigned; effect of failure to record assignment. Burt v. Moore, 62 Kan. 536, 540, 64 P. 57. 3. Unrecorded assignment; part payment of mortgagee; statute of limitations tolled; payments to record owner of mortgage binding on real owner. Trust Co. v. Owen, 83 Kan. 692, 696, 112 P. 619. 4. Proper party to enter satisfaction of record; debt due in default of payments at holder's option. Bank v. Grisham, 105 Kan. 460, 472, 185 P. 54. 5. Assignment not recorded; second mortgage executed; priority of liens. Middlekauff v. Bell, 111 Kan. 206, 213, 207 P. 184. 6. Unrecorded assignment of mortgage; effect of payment to original mortgagee. Allen v. Waddle, 111 Kan. 690, 691, 692, 208 P. 551. 7. Gratuitous agency to remit interest on mortgage; substantially discharged; effect. Nelson v. Bank, 112 Kan. 374, 376, 211 P. 107. 8. Payment to mortgagee where assignment not recorded extinguishes debt. White v. Kemberling, 114 Kan. 112, 114, 216 P. 1087; Honer v. State Bank, 114 Kan. 123, 125, 216 P. 822; Jacobs v. Hester, 119 Kan. 661, 665, 240 P. 952; Doty v. Campbell, 127 Kan. 744, 746, 275 P. 148. 9. Mortgagor charged with constructive notice where assignment recorded. Walmer v. Redinger, 116 Kan. 580, 582, 227 P. 329. 10. Mortgage assigned; payment to mortgagee's husband before assignment recorded constituted payment. Pletcher v. Albrecht, 186 Kan. 273, 277, 278, 279, 280, 281, 350 P.2d 58. 11. 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, 348, 874 P.2d 632 (1994). 12. 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