Attorney General Opinion No. 1977-199
Author | : Curt Thomas Schneider |
Publisher | : |
Total Pages | : |
Release | : 1977 |
ISBN-10 | : OCLC:889333303 |
ISBN-13 | : |
Rating | : 4/5 (03 Downloads) |
Download or read book Attorney General Opinion No. 1977-199 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Prior to 1977, K.S.A. 58-2306 provided that any mortgage of real property "may" be discharged by an entry on the record thereof acknowledging the satisfaction of the mortgage signed in the presence of the Register of Deeds who shall subscribe as a witness. This law was amended by House Bill No. 2398 in the 1977 Session to provide that a mortgage "shall" be discharged by an instrument "duly acknowledged and certified as other instruments affecting real estate." The form submitted complies with this new law, except that the form provides for an acknowledgment only by a "notary public." K.S.A. 58-2211 provides that instruments affecting real estate may be acknowledged before a "Court having a seal, or some judge, justice, or clerk thereof, or some notary public, county clerk, or register of deeds, or mayor or clerk of an incorporated city."