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Information provided by Kansas
General Assembly
58-211
Chapter 58.--PERSONAL AND REAL
PROPERTY Article 2.--LIENS
ON PERSONAL PROPERTY
58-211. Sale of property;
notice required; form and content of notice.
Before any such property shall be sold, if the name
and residence of the owner thereof is known, notice
of such sale shall be given the owner in writing,
either personally or by mail, or by leaving a notice
in writing at such person's residence or place of
doing business. If the name and residence is not
known, the person having the possession of such
property shall cause a notice of the time and place
of sale, and containing a description of the
property, to be published at least once a week for
three consecutive weeks in a newspaper, if there is
one published in the county where such sale is
advertised to take place, and if there is no
newspaper published in such county, then the notice
shall be published in some newspaper of general
circulation in such county. If the value of the
property does not exceed $100, such notice may be
given by written or printed handbills posted in at
least five public places in the township or city
where the bailee resides or the sale is to take
place, one of which shall be in a conspicuous part
of the bailee's place of business. Notices given
under this section shall state that if the amount
due with storage keeping and sale costs is not paid
within 15 days from the date of mailing, personally
giving or posting of the notice (as the case may
be), the property will be sold at public auction.
History: G.S. 1868, ch. 58, § 6;
L. 1872, ch. 142, § 6; R.S. 1923, 58-211; L. 1986,
ch. 207, § 2; July 1.
58-2326
Chapter 58.--PERSONAL
AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 23.--MORTGAGES
OF REAL PROPERTY
58-2326. Validating
defective mortgage foreclosure proceedings.
In any case where a mortgage upon real
estate in Kansas has been foreclosed in a
court of competent jurisdiction, said
foreclosure proceedings shall be deemed to
be valid and the lien of the mortgage
foreclosed shall be deemed to be canceled
notwithstanding the foreclosure proceedings
may have been brought by or in the name of
some person other than the original
mortgagee and without an assignment from
such mortgagee being of record or shown in
the foreclosure proceedings: Provided,
That this act shall not apply or be
construed to validate any mortgage
foreclosure proceeding which was not
completed at least ten (10) years prior to
the taking effect of this act: And
provided further, That this act shall
not apply to any mortgage or the foreclosure
thereof unless the debt secured by such
mortgage has been due and payable for at
least ten (10) years prior to the taking
effect of this act.
History: L. 1931, ch. 242,
§ 1; May 28. |
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