Kansas Lien Search

A Kansas lien search refers to an inquiry on a particular property with the primary aim of uncovering the presence of any liens, bankruptcy proceedings, or pending proceedings. Documents typically examined in a lien search include share certificates, leases, and property deeds. Potential buyers, sellers, and investors conduct a lien search to ensure a property title is clear and the owner's financial interests are secure.

What is a Lien in Kansas

In Kansas, a lien is a creditor’s right over a debtor’s property to obtain payment or the performance of an obligation. The property’s owner becomes the lienee after a Kansas lien is attached, and the person who filed the lien becomes the lienor or lienholder. If the lienee does not fulfill the obligation, the lienor can make a legal claim against the owner to seize their property. For instance, according to section 58-201 of the Kansas state law, individuals who conduct work on any goods or personal property with the owner’s consent are entitled to a lien. 

Types of Liens in Kansas

There are various liens, each with its specific context and rules. Some common examples include the following:

• General liens
• Specific liens
• Consensual liens 
• Involuntary liens
• Statutory liens

These types of liens can be put into broader categories that offer an idea of how certain liens come about. 

General Liens in Kansas

A general lien gives a lienor claim to all of the debtor’s property. Until the lienee discharges the debt is discharged, the lienor is entitled to hold on to any of the property owned by the debtor, such as real estate. General liens can take the form of a tax or judgment lien.

Specific Liens

Specific liens, as the name implies, refer to liens that give the lienholder the right to claim a particular property. Only the repossession of the stipulated property can allow for the recovery of the lienee’s debt. Examples of a specific lien include mortgage lien and mechanic’s lien.

Consensual vs Involuntary Liens

Consensual liens emerge from contractual commitments between consenting parties. The owner has to explicitly agree to a lien on a specific property as security for a debt. Mortgage liens are good examples of a consensual lien. On the other hand, a lien is involuntary when you impose it against the owner’s will. These liens are usually imposed and executed by regulatory authorities.

Statutory Liens

A statutory lien in Kansas arises by operation of law. It is a lien imposed on an individual by law. They usually act as a consequence of not fulfilling a legal obligation, such as failing to pay taxes.

What is a Tax Lien in Kansas

In Kansas, a tax lien is when the state imposes a lien on a resident’s property for defaulting on their taxes. According to section 79-3235 of the Kansas State Law, taxpayers have 60 days to pay their taxes, and if they fail to do that, the Secretary's office will issue a warrant directed to the county sheriff. With the warrant, the sheriff can seize and sell the property of tax defaulters.

Are Tax Liens Public Records?

In Kansas, liens are public records. The Kansas Open Records Act permits the general public access to the information contained in these records. However, trade secrets and other information that can compromise someone's privacy are not publicly available. A public lien is no longer public information once freed or paid off. 

Kansas Tax Lien Search

Where someone looks to find a tax lien in Kansas depends on the type of tax. Income, real estate, and vehicle property tax liens are kept with different government bodies.

Income tax lien

If you are looking for a tax lien in Kansas, visit the Kansas Department of Revenue. The website contains information on all the tax warrants issued for different kinds of taxes. Once on the website, go to the Tax Delinquencies Search portal and input the name or address of the taxpayer you wish to search on.

Real estate or property tax lien:

You can search for a real estate or personal property tax lien at a taxpayer’s county’s Register of Deeds office. The office is responsible for keeping all records of transactions (including liens. Interested parties can visit the physical address of the county’s Register of Deeds office. You can search online on the Register of Deeds office's portal. Additionally, the County Treasurer’s office in the country where a taxpayer resides contains records of real estate and property tax liens.

Vehicle property tax lien

To find property tax lien, visit the Department of Revenue’s Division of Motor Vehicles. Go to the Kansas Vehicle Property Tax Check portal and input the following:

• The purchase date 
• The first letter of the taxpayer’s last name
• The vehicle type 
• The county

Federal Tax Lien Search

Since a federal tax lien is filed at the local recording office that identifies tax liabilities owed by a taxpayer, you can search for it at a county’s Register of Deeds office. These offices keep track of state and federal tax liens placed on real estate located within their respective counties. The Register of Deeds offices also keeps these records up to date. Therefore, to access actual copies of any tax lien records against a property, a record seeker can go to the county's Register of Deeds Office where the property is located (if any). 

Alternatively, anyone searching for a federal tax lien can use the county's Register of Deeds Office's real estate record search portal. For example, if someone wants to conduct a federal tax lien lookup in Douglas County, they can visit the county courthouse during business hours. If this is not feasible, interested parties can use the Douglas County Landmark portal to find federal tax lien records kept by the Douglas County Register of Deeds Office remotely. 

You must provide identifiable information about the taxpayer on whom you are conducting a lien search. This could be the last name of the taxpayer or their address.

What is a Lien on Property in Kansas

A lien on property or property lien in Kansas entitles a creditor to acquire a debtor’s property if they fail to satisfy a debt or perform an obligation. Any property within a debtor’s possession can be subject to a property lien. However, such a lien would not apply to properties exempt by law. Famous examples of such a lien include a tax lien, a judgment lien, or a mechanic’s lien. 

According to Article 2, Chapter 58 of the state statutes, in Kansas, a lien can be imposed on the personal belongings of debtors until the amount is repaid. Generally, the type of lien determines the property item the lienholder holds as security. For instance, a lien can be imposed on your vehicle if you fail to fulfill your contractual obligations to the mechanic. 

Liability lienors usually sell the property at a public auction to get their money back. However, they would need to notify the owner of such a sale.  The lienholder may proceed with the sale if the owner does not make the required payment within fifteen days after being notified.

Who can put a lien on a property?

Anybody who is a creditor can put a lien on their debtor’s property. This includes individuals and businesses who have provided a loan or home improvement service. However, the lien can only be imposed with the property owner's consent. Government agencies can also put a lien on a property. They do not require the consent of a debtor as it results from the operation of law. 

How to put a lien on property in Kansas

How you go about imposing a lien depends on the kind of property the debtor owns. In some cases, you would be required to give the debtor notice beforehand. Also, some municipalities have deadlines for filing a lien. Therefore, you should consult an attorney for legal advice before putting a lien on a property. Nevertheless, here are a few general steps to put a lien on a property. 

Step 1: Conduct a title search on the property, confirming the debtor owns it. You can also check for any other encumbrances on the property. If any liens were put on the property before yours, you will not be able to recover your debt even if you sell the property. 

Step 2: Once you have confirmed the debtor owns the property and there are no prior liens, prepare your lien form. The form should include:

• The name of the owner.
• The name and address of the claimant.
• A description of the property.
• An itemized statement and the amount of the claim.

Step 3: File your lien after you have drawn it up. In the case of a mechanic’s lien, the lien should be filed at the office of the district court where the property is located. Real estate property liens can be filed at the county’s Register of Deeds office. Most counties have specified forms for lien filings.

Step 4: Pay the filing fees. However, the cost depends on the office and the number of pages to be filed.

How to Find a Lien on Property in Kansas

Almost anyone can find property liens by looking through public documents maintained by government agencies. However, consensual liens typically require you to serve a notice to the property owner. This notice informs the owner that a lien has been put on their property. 

The owner may be informed either before or during the lien filing if the lien was not consented to. Sometimes, a lien is not disclosed to the property owner until someone tries to make a transaction using the liened property. Thus, to prevent any issues, periodically performing lien searches is always a good idea.

Property Lien Search By Address

Most search portals, such as the Sedgwick County Register of Deeds document search portal, only allow lien searches by name. Therefore, you have to request the property's tax records from the county clerk's office to find a name. Interested parties can use internet search portals offered by some county clerk offices to obtain property tax information by address. For example, you can search property tax information by address on Sedgwick County’s property tax and appraisal portal.

Free Lien Search on Property

Interested parties can obtain free information about liens on a property by visiting the Register of Deeds Office of the county where the property is situated. Inquirers can see public records related to real estate for free at these offices. Usually, any liens against county real estate are listed in these documents. Only when an inquirer requests copies of records will they be assessed a fee. A county’s online lien search portal can also be used to find property liens for free.

What is a Mechanics Lien in Kansas?

In Kansas, a mechanics' lien acts as collateral to guarantee that suppliers, subcontractors, and contractors get paid for the goods and labor they provide. You can file this kind of lien at the District Court in the county where the property is located. Lien holders of this type are required to submit their claims no later than four months from the date of labor completion or material supply for the building. Since mechanic’s liens are specific, the legal claim is limited to the specific real estate that has been worked on or supplied with materials.

Kansas Mechanics Lien Search

In Kansas, the procedure for looking for a mechanic’s lien is the same as for looking for any other lien. To perform an official records search, one can go to the relevant county recorder's office where the property is located. You would not typically need an appointment to make this search. 

Alternatively, you can write a letter to the recorder's office, asking to search for official documents. Recorder’s offices also provide online lien search tools so you can search for mechanic’s liens remotely.

What is a Mortgage Lien in Kansas?

In Kansas, a mortgage loan used to buy or refinance real estate creates a lien on the property to secure the loan and guarantee repayment, as per Section 58-2336. If the owner of the real estate defaults on the mortgage payment, the lienholder may bring a claim in a District Court. 

Generally speaking, the lienholder will be able to sell the property and get paid the proceeds from the sale back from the court. Within ten business days of deciding to sell the properties, the lienholder must notify the owner. Like a mechanic’s lien, a mortgage lien in Kansas is limited to the specific real estate it applies to.

What is a UCC Lien in Kansas? 

According to Kansas's UCC laws, a UCC lien in Kansas is a lien resulting from transactions between a creditor and a debtor. A UCC lien entitles a creditor to claim repayment of a loan by putting a claim on the debtor’s assets. Anyone with an interest can submit a UCC lien to the Kansas Secretary of State. The properties listed in a UCC filing are public information and, therefore, accessible to the general public.

UCC Lien Search Kansas

Members of the public can perform a UCC lien search at the Kansas Secretary of State Office. Using the UCCII information request form, individuals can submit a paper search request to the KS SOS to perform a UCC lien search.

Note: This search is not free. The KS SOS charges $1.00 per page for copies of filed documents sought through paper request and $20.00 per debtor name searched. You can pay these fees through checks or money orders payable to "Kansas Secretary of State." 

You can mail or fax your paper search request to the Kansas Secretary of State Office:

Kansas Secretary of State

Attn: UCC

120 SW 10th Avenue

Topeka, KS 66612

Fax: (785) 296-4570

Interested parties can also conduct a UCC lien search online through the Kansas Secretary of State office's online UCC system. However, you must sign in using an online UCC entity account to use the system. If you do not have an account, you can apply for one using the KS SOS Online UCC Entity Application, inquirers without an account can apply for one. You will also need to pay $10 for each debtor name that is looked up online.

What is a Lien Title in Kansas?

A lien title refers to a lien holder's legal claim to property partially owned by another individual. Liens may be placed on a property title for several reasons. Liens, for example, are generally affixed to the title of financing properties and are released only after fulfilling the conditions stipulated in the lienholder's agreement. If real estate is pledged as security for a loan from a lending organization, a lien may also be placed on the title of that property.

Kansas Title Lien Search

A lien title search is typically conducted to determine if a property title is free of any encumbrances. Anyone interested in locating a real estate title in Kansas can contact the Register of Deeds Office. 

The property deed information would be relieved by a property land record. The property deed information contains the details of the present legal owner. It also includes details on any liens and other claims that might be made against the property. 

For example, someone looking for records for a property in Johnson County can use the county’s Land Record Search portal. As an alternative, the interested party may personally request the property land records at the Johnson County Register of Deed Office at:

Johnson County Register of Deed Office

County Administration Building

111 S. Cherry St.,

Olathe, KS 66061

To conduct a vehicle title search, the National Motor Car Title Information System (NMVTIS) recommends using one of the third-party service providers. You can conduct a remote automobile title search from the comfort of your home through search portals offered by these third-party service providers. You will need to provide the vehicle's VIN and a credit card when using any of these websites to perform a vehicle title search. These websites usually charge a fee for each search, with the price depending on the service provider.

What is a Judgment Lien in Kansas 

According to section 60-2418 of the Kansas statute, a judgment lien arises when a verdict is delivered in favor of the plaintiff and requires the defendant to pay a specific sum. This sum is a lien on the defendant's property. The court may attach the judgment lien to the defendant's personal or real estate. In Kansas, judgment liens are good for five years after the court has made the judgment. Lienholders have five years from the original filing date to reopen the case in District Court and reinstate the judgment.

Kansas Judgment Lien Search

In Kansas, you can conduct a judgment lien search at the local recorder's office in the county where a debtor holds real estate. The recorders' offices conduct free records searches through public access terminals at their physical locations. They can also give requesters copies of lien paperwork, such as lien releases.

On the other hand, visit the UCC Search portal of the Kansas Secretary of State to locate judgment liens issued against personal property.

How to Get a Lien Release in Kansas 

In addition to muddying the title of a property, liens can complicate transactions involving that property. As a result, a property owner must hold on to the property until they fulfill the obligation.

Usually, only the individual or entity that filed the lien can get it erased. For the lienholder to release the lien, the lienee often needs to do one of the following:

• Should the lien be valid, the lienee should settle the debt.
• If the lienee cannot pay the lienholder in full, they should come to a compromise. 
• The lienor can wait for the statute of limitations to take effect. However, this is only feasible if the creditor does not renew the lien.
• The lienee can challenge the validity of the lien in court.

How to Get a Copy of a Lien Release in Kansas

In Kansas, the public can make an official request by visiting a county recorder's office during regular business hours to receive a copy of a lien release letter. Individuals can request official copies to these county offices via mail, fax, email, or an online portal. Nevertheless, you must send a request to the county recorder's office to release a lien. Be aware that you will need to pay a fee for the copy.