58-2333c. Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1927, and January 1, 1935, declared void; exceptions.
58-2333c
58-2333c. Mortgages or deeds of trust recorded or referred to ordescribed of record between January 1, 1927, and January 1, 1935, declaredvoid; exceptions.Every mortgage or deed of trust securing a debt on real property in thisstate which mortgage or deed of trust was placed of record on or afterJanuary 1, 1927, and before January 1, 1935, or referred to or described inany instrument of record within the prescribed period, shall, from andafter July 1, 1968, be void as against the creditors of the person makingthe same or against subsequent purchasers or mortgagees unless the ownerand holder thereof shall, prior to such date, cause to be filed in theoffice of the register of deeds of the county in which the property islocated, an affidavit setting forth the name and address of the owner andholder thereof, the nature of the claim, the amount due thereon, the dateof the last payment thereon and a description of the property includedtherein: Provided, That this act shall not apply to or affect (1)mortgages, deeds of trust, or liens upon property of railroad corporationsrecorded after January 1, 1890, or (2) the indebtedness thereby secured:Provided further, That infancy, incompetency or nonresidence shall notaffect the operation of this act.
History: L. 1967, ch. 304, § 1; July 1.