GT, Kansas, L.L.C. v. Riley County Register of Deeds

The opinion of the court was delivered by

Larson, J.:

We accepted the petition for review in this case to resolve a continuing controversy over the statutory exemption from payment of the mortgage registration fee when an existing indebtedness secured by a previously recorded mortgage upon which the mortgage registration fee has been paid is refinanced.

The statutory provision which is at issue in this appeal is K.S.A. 79-3102(d)(3), which states:

“(d) No registration fee whatsoever shall be paid, collected or required for or on: ... . (3) any mortgage or other instrument upon that portion of the…