Lien enforcement and foreclosure; time restrictions; destruction of records

58-202. Lien enforcement and foreclosure; time restrictions; destruction of records. Such lien may be enforced and foreclosed as security agreements are enforced under the provisions of the uniform commercial code. Any legal action necessary to enforce or foreclose upon any such lien filed in the office of the register of deeds shall be brought within one year of the date such lien was filed, and unless such action is brought within such time, such lien shall be deemed to have been abandoned and shall be thereafter void. After five years from the date such lien has been filed, the register of deeds of the county where the lien is filed may remove the lien from the records and destroy the records. History: L. 1913, ch. 218, § 3; R.S. 1923, 58-202; L. 1965, ch. 564, § 404; L. 1988, ch. 196, § 2; L. 1990, ch. 198, § 1; July 1. Law Review and Bar Journal References: Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 431 (1970). CASE ANNOTATIONS 1. Expense of repossessing chattel cannot be charged as costs of sale. National Bond & Investment Co. v. Midwest Finance Co., 156 Kan. 531, 537, 134 P.2d 639. 2. Lien waived; must file lien statement. Weatherhead v. Boettcher, 3 Kan. App. 2d 261, 262, 263, 594 P.2d 257. 3. Superior mechanic's lien not discharged by foreclosing creditor's sale; foreclosure enforceable against new purchaser in possession. Utility Trailers of Wichita, Inc. v. Citizens Nat'l Bank & Tr. Co., 11 Kan. App. 2d 421, 424, 425, 726 P.2d 282 (1986). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026