What is a Lien in Kansas?
In Kansas, liens are entitlements that creditors have over a debtor's property to secure a payment or fulfillment of an obligation. Once a Kansas lien is attached, the property owner will become the lienee, while the party who initiated the lien will become the lienor or lienholder.
Liens are a consequence of debt, and debts typically arise from various transactions. For instance, liens can be created due to unmet contractual duties or as part of a purchase agreement for real or personal property. They can also emerge due to litigation.
Hence can be placed on buildings, motor vehicles, real estate, and other items owned by the debtor. However, the enforcement of a Kansas lien can only be authorized by Kansas courts.
Persons that render services are entitled to liens to recover owed amounts. For instance, Section 58-207 of the state laws states that individuals that feed and care for livestock animals are entitled to a lien for such services if the owner cannot pay their service charges within sixty days.
Likewise, under Section 58-2524, any outstanding rent for farmland in Kansas will result in a lien on the crops cultivated on such lands.
Are Liens Public in Kansas
Yes, liens are public records in Kansas. The information contained in these records is accessible to the general public pursuant to the provisions of the Kansas Open Records Act. However, selected information may be exempted from public disclosure, including trade secrets and details that may jeopardize personal privacy. A public lien will seize to be public information when it is satisfied or released.
Types of Lien in Kansas
A lien in Kansas can be either a specific lien or a general lien. A specific lien gives the holder a claim to a stipulated property. Typically, the debt recovery can only come from the particular property's repossession, as agreed by both parties or stated in the laws. However, a general lien extends to all properties owned by the debtor. The lienholder has the right to retain the debtor's properties till the debt or obligation is discharged.
Generally, liens may be consensual or non-consensual. Consensual or voluntary liens are liens formed by contractual commitments between the parties involved. Loans for purchasing real estate (mortgage) or personal property are the most common examples.
On the other hand, non-consensual or involuntary liens are typically imposed without the debtor's consent. These liens are either the outcome of a legal proceeding or created by statute or common law. An example is a tax lien, a legal claim against a taxpayer's property for unpaid taxes.
What is a Property Lien in Kansas?
In Kansas, a property lien gives creditors the legal right to claim properties owned by debtors. Property liens can be placed on any possession of the debtor, except those the state laws exempt. Similar types of lien in the state include tax liens, judgment liens, and mechanics' lien.
Article 2, Chapter 58 of the state laws place a lien on debtors' personal properties until repayment of a debt. Typically, the property item held as a form of security for the lienholder depends on the type of lien. An individual renting out a mobile or manufactured home space shall possess a lien upon such homes if there is a rent default.
Lienholders can recover their money by selling the property at a public auction. However, the lienholder must notify the owner of the intention to sell the property. If the owner does not make the outstanding payment within fifteen days of receiving the notice, the lienholder can proceed with the sale.
How Do You Know if a Property Has a Lien in Kansas?
In Kansas, liens are part of public records. They provide information to the public, including potential creditors and others, about existing debts and existing claims to a piece of property. As a result, inquirers may determine whether a property has a lien by searching public records held by the relevant government bodies.
The above process applies regardless of the type of lien. However, in the case of consensual liens, the property owner will usually be aware that a lien was placed on their property. If the lien was non-consensual, the owner may be notified before the lien filing or afterward. Occasionally, a property owner may be unaware of a lien until the party attempts to transact with the liened property. Therefore, it is always advisable to conduct periodic lien searches through the appropriate channels to avoid potential problems.
Property Lien Search by Address in Kansas
In Kansas, inquirers can conduct a property lien search by querying the Register of Deeds Office of the county where the property is located. Register of Deeds Offices in Kansas serves as the recording and information center for their respective county’s real estates documents. These offices serve as their county custodians of all real estate records, including liens records.
Inquirers can visit a county’s Register of Deed office during regular business hours to request a property lien search by address. Some Register of Deed offices also maintains online real estate records search portals that inquirers can use to check for liens on a property remotely. Examples of these search portals include the Douglas county landmark portal and the Sedgwick county Register of Deeds document search portal.
However, most of these search portals do not provide the option to check for liens on a property by its address. Searches are typically conducted using the property owner’s name. Suppose a property’s address is the only information about the property an inquirer has. In that case, they can query the county clerk's office for the property’s tax information which would reveal the property owner's name. Some county clerk offices provide online search portals that inquirers can use to find property tax information by address. An example of such a portal is the Sedgwick County property tax and appraisal portal.
Free Property Lien Search by Address
The Registrar of Deeds Office of the county where a property is located is where interested parties can go to find liens on a property by address for free. At these offices, inquirers can view real estate public records for free. These records typically contain records of any lien against a real estate in the county. Inquirers are only charged a fee when they request copies of records.
Additionally, some county Register of Deed Offices provides online real estate record search portals that are free to use. Some examples of such portals include the Douglas county landmark portal and the Sedgwick county Register of Deeds document search portal.
How Do I Check for Liens in Kansas?
Because different government entities record different types of liens, there is no centralized repository for lien information in Kansas. Nonetheless, the district court clerk's office is an excellent place to begin the search for liens.
Typically, the clerk offices keep track of the liens recorded against real and personal property in the state. The Kansas Department of Revenue also maintains records of vehicle liens and title information, accessible through the Kansas E-lien system.
Free Lien Search in Kansas
The Kansas Open Records Act (KORA) makes records of liens available to the public. As a result, the records, like other public records kept in the state, can be inspected for free at the appropriate government agency's physical location.
Inquirers may also view limited lien information on the agency's website at no cost, provided the office maintains a searchable database online. Consequently, anybody interested in reviewing the complete record may need to visit the agency's office in person. Those who require physical records will have to pay a small cost for duplication.
What is a Tax Lien in Kansas?
In Kansas, a tax lien occurs when the state places a lien on a delinquent taxpayer's property to obtain outstanding tax payments. Following Section 79-3235 of the state laws, taxes not paid within sixty days after they are due will result in the Secretary's office issuing a warrant directed to the county sheriff. The warrant authorizes the sheriff to seize and sell the property of delinquent taxpayers within the county. The proceeds of the sales are paid to the Secretary.
Upon receiving the warrant, the sheriff must file it with District Court. Delinquent taxpayers have eighteen months from the date of sale to redeem their properties. The warrant is only valid for execution ten years from the date of issuance. The lien on the taxpayer's property will become unenforceable after this period.
Tax Lien Lookup in Kansas
In Kansas, interested persons can look up real estates federal and state tax liens through each county’s Register of Deeds Office. These offices maintain records of federal and state tax liens against real estate situated in their respective county. Most county Register of Deeds Offices maintains these records electronically and physically. Hence, a record seeker can visit the county’s Register of Deeds Office, where a property is located, to view physical copies of tax lien records against the property (if any). Alternatively, record seekers can remotely use the real estate record search portal the county’s Register of Deeds Office provides to lookup tax lien records.
For instance, if the property an inquirer wishes to look up is in Douglas County, they can visit the county courthouse during office hours to view the property’s tax lien records. Meanwhile, interested persons can conduct a remote search to lookup tax lien records maintained by the Douglas County Register of Deeds Office through the Douglas county landmark portal. Inquirers should note that they must provide some identifiable information about the property to conduct a tax lien lookup through the portal and similar portals. An example of such information is the property owner's name.
To lookup a tax lien on a vehicle, interested persons can query the Kansas Department of Revenue or use the Kansas E-lien system the department maintains.
What is a Mortgage Lien in Kansas?
Per Section 58-2336, a mortgage loan in Kansas used to purchase or refinance a real estate constitutes a lien on the real estate to secure the loan and ensure repayment. If the real estate's owner fails to repay the mortgage at the stipulated date, the lienholder can file a claim at the District Court. Typically, the court may grant the lienholder the right to sell the property and recover the money obtained from the sale. The lienholder must notify the owner of their intention to sell the properties within ten business days.
In Kansas, a mortgage lien cannot extend beyond the particular real estate involved.
What is a Mechanics Lien in Kansas?
A mechanics' lien in Kansas serves as a security that ensures the payment of contractors, subcontractors, and suppliers for labor and materials they rendered in the construction or repair of real property.
Interested persons can file a lien with the District Court in the county where the property is located. Such lienholders must file their claims within four months after performing labor or supplying the materials used in the construction.
Mechanics' liens are strictly specific. This means that the lienholder only has a legal claim on the particular real property worked on or furnished with materials.
What is a UCC Lien?
A UCC lien in Kansas is a lien involving transactions between a creditor and a debtor under the provisions of the state's UCC laws. A UCC lien guarantees the repayment of a loan by a debtor by placing a lien on their property. Interested persons can file a UCC lien with the Kansas Secretary of State. Properties stated in a UCC filing are a matter of public record and serve to notify the general public of the lien.
How to Conduct a UCC Lien Search
Interested persons can conduct a UCC lien search through the Kansas Secretary of State Office (KS SOS). An inquirer can make a paper request to conduct a UCC lien search through the KS SOS by using the UCCII information request form. The KS SOS charges $20.00 per debtor name searched and $1.00 per page for copies of filed documents requested through paper request. Fess payments can be made by checks or money orders payable to “Kansas Secretary of State”. The paper search request (completed UCCII request form and the required search fee) can be mailed or faxed to the Kansas Secretary of State Office at:
Kansas Secretary of State
Attn: UCC
120 SW 10th Avenue
Topeka, KS 66612
Fax: (785) 296-4570
interested persons can also conduct a UCC lien search remotely through the online UCC system provided by the Kansas Secretary of State office. However, inquirers are required to log into the system with an online UCC entity account to use the system. Inquirers who do not have an account can apply for one through the KS SOS Online UCC Entity Application. The KS SOS charges $10 per debtor name searched through the online system.
What is a Judgment Lien?
Under KSA 60-2418, when judgment rendered in favor of a plaintiff orders the defendant to pay a certain amount, the verdict shall become a lien on the defendant's property. This often occurs in a Kansas civil case. The court can attach the judgment lien to the defendant's real estate or personal property.
Judgment liens in Kansas are valid for five years from the entry of judgment. After these five years, lienholders can revive the judgment by refiling the case in the District Court.
What is a Federal Tax Lien
A federal tax lien is a legal claim the government place against a taxpayer's property for neglecting or failing to pay a tax debt per the Internal Revenue Code(IRC) §6321. The government uses a federal tax lien to protect its interest in all property owned by taxpayers, including real estate, financial assets, and personal property. If a taxpayer still does not pay their tax debt after a recorded lien against their property, the affected property may be levied to pay the tax debt.
What is a Lien Title?
A lien title is a legal claim that the lien holder has on property that another person partly owns. There are several reasons why a lien could be imposed on a property title. For instance, liens are typically attached to the title of finance properties and are only removed when the terms of the agreement between the lienholder are satisfied. A lien may also be affixed to a property title when the property is used as collateral to collect a loan from a lending institution. Liens can also be attached to a property title due to unpaid property taxes. In such cases, the lien is released once the lender has received complete repayment for the debt or the unpaid property taxes are resolved. Generally, a lien title gives the lien holder the right to access the affected property when the owner refuses or fails to pay a debt on time.
Where and How to Do a Title Search in Kansas
A title search involves searching through public records to find information on the legal owner of a property and to determine whether the property title is clean. A property having a "clean title” means the property has no claim against it. A title search is an important process most property buyer uses to protect themselves against future encumbrances and claims on a newly purchased property.
In Kansas, interested persons can search for a real estate title by querying a Register of Deeds Office for the property’s land records. Note that the Register of Deeds office must be in the county where the property is located. A property land record would relieve the property deed information (which contains information about the property’s current legal owner). It also provided information on all lien and other claims that the property may have. For instance, an inquirer can use Johnson County’s Land Record Search portal to look up the property land records for a property in the County. Alternatively, the inquirer can query the Johnson County Register of Deed Office in person for the property land records at:
Johnson County Register of Deed Office
County Administration Building
111 S. Cherry St.,
Olathe, KS 66061
For a vehicle title search, an inquirer can use one of the third-party service providers suggested by the National Motor Vehicle Title Information System (NMVTIS). A vehicle title search can be done remotely by an inquirer within the comfort of their home through search websites provided by these third-party service providers. Things an inquirer must have handy when conducting a vehicle title search through any of these websites include the vehicle’s VIN and a credit card. These websites usually charge fees on a per-search basis, and the fee amount varies by service provider.
Voluntary Lien vs. Involuntary Lien in Kansas?
A voluntary lien in Kansas refers to a type of lien attached to assets with a debtor's consent. That is, the debtor is aware of the lien and permits it. A voluntary lien arises in mortgage loans. The mortgagor agrees to the lien to obtain financing, and a lien is attached to the financed real property to guarantee payment of the loan.
An involuntary lien is placed on assets irrespective of the debtor's consent. Involuntary liens are usually statutory and occur because of payment defaults.
How Creditors Collect Payment Through a Lien
Placing a lien on a debtor's property can be advantageous to a creditor because liens give creditors the legal right to seize and sell the property if the debtor fails to pay the debt. This is one way that creditors collect payment through a lien.
Additionally, until the outstanding debt is satisfied, a lien typically prevents the property owner from selling (or refinancing) the property. Since the lien affects property transactions, paying the creditor is a priority in most cases.
How Do I Get a Lien Removed in Kansas?
A lien not only clouds a property's title but also complicates or restricts transactions on that property. As a result, a property owner may be forced to remain with the property until the debt causing the lien is resolved.
Liens can usually only be removed by the person or organization who placed them. In most cases, the lienee must take one of the following actions to have the lien removed by the lienholder:
- Resolve the debt if the lien is valid.
- Negotiate more favorable terms with the lienholder if unable to pay in full.
- Wait out the statute of limitations. (This option is only viable if the creditor does not renew the lien.)
- Challenge the legitimacy of the lien in court: If believing that a lien is illegitimate, the lienee can contest it in court. This typically involves filing a lawsuit against the lien holder in a court of law. If the court decides that the lien is illegitimate or unenforceable, the court will remove the lien.
How Long Does a Lien Stay on Your Property in Kansas?
Usually, liens remain in effect until the associated debts or financial obligations have been satisfied. However, some liens also have due dates.
Liens that are enforced by the operation of the law (i.e., involuntary liens) usually have statutes of limitations attached to them. This statute of limitation is a legal provision that specifies the maximum time creditors have to enforce their liens.
For example, a judgment lien in Kansas will remain attached to a piece of real estate for five years. The enforcement of a mechanics lien must be initiated within one year of the lien's filing. These liens expire when their due dates pass unless a new application is filed to reinstate the enforcement status.
How to Avoid a Lien in Kansas
The best approach to avoid a lien in Kansas is to satisfy all debts within the specified period and avoid incurring litigation debts. When no debts exist, a creditor will have no reason to file a lien against a person's property.
