38             1997 Session Laws of Kansas             Ch. 14

Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) Any mortgage or deed of trust against real property
located in this state recorded on or after January 1, 1955, and before
January 1, 1965, or referred to or described in any instrument of record
within such period shall be void, unless, prior to July 1, 1998, the owner
and holder thereof files, in the office of the register of deeds of the county
in which the property is located, an affidavit stating:

(1) The name and address of the owner and holder thereof;

(2) the nature of the claim;

(3) the amount due on the claim;

(4) the date of the last payment on the claim; and

(5) a description of the property.

(b) Any mortgage or deed of trust against real property located in this
state recorded on or after January 1, 1965, or referred to or described in
any instrument of record after such date, shall be void by operation of
law if:

(1) More that 32 years shall have elapsed between the date of the
initial recording of the mortgage; and

(2) prior to July 1 of the year next preceding the date 32 years after
the date of initial recording, unless an action is commenced to foreclose
the mortgage or deed of trust, or unless the owner and holder of the
mortgage does not file in the office of the register of deeds of the county
in which the property is located, an affidavit stating:

(A) The name and address of the owner and holder thereof;

(B) the nature of the claim;

(C) the amount due on the claim;

(D) the date of the last payment on the claim; and

(E) a description of the property.

(c) This section shall not apply to or affect mortgages, deeds of trust
or liens against real property of railroad corporations recorded after Jan-
uary 1, 1890.

(d) Infancy, incompetency or nonresidency shall not affect the op-
eration of this act.

Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 24, 1997.