Attorney General Opinion No.

The Honorable Vernon W. Correll State Representative, 7th District P.O. Box 214 Oswego, KS 67356

Dear Representative Correll:

You request our opinion regarding the effect of the 1994 changes to K.S.A. 1993 Supp. 58-2309a. Specifically, you ask if the amendments enacted in house bill no. 2654 permit financial institutions to charge a fee for preparing a mortgage release. You indicate that some financial institutions are charging up to $150.00 for preparing the release of a mortgage.

Prior to the 1994 amendments, K.S.A. 1993 Supp. 58-2309a provided as follows:

"(a) When the indebtedness secured by…