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Attorney General Opinion No. 1977-199

Attorney General Opinion No. 1977-199 PDF Author: Curt Thomas Schneider
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Book Description
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."