Attorney General Opinion No. 1980-175

Download or read book Attorney General Opinion No. 1980-175 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Quitclaim deeds, which contain a reference to a lien on real property created by a court-approved separation agreement, are not "mortgages of real property," as defined in K.S.A. 79-3101, nor are they given as security for a debt. Such deeds, therefore, are not subject to the mortgage registration fee. However, contracts between a homeowners association and members thereof which provide for the payment of annual membership dues, and which further provide that if said annual dues are not paid, the amount thereof shall constitute a lien upon the member's real property, are "mortgages of real property" within the meaning of this statute. Thus, such contracts cannot be filed of record without payment of the mortgage registration fee. Attorney General Opinion No. 79-4 is hereby withdrawn. Cited herein: K.S.A. 58-2221, 79-3101.