Printable Format60-2201. Pendency of action as notice; lis pendens. (a) When a petition has been filed in the district court pursuant to chapter 60 of the Kansas Statutes Annotated, the action is pending so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject matter thereof as against the plaintiff's claim; but such notice shall be of no avail unless the summons be served or the first publication made within ninety (90) days after the filing of the petition.
(b) When the subject of the action is real property situated in two (2) or more counties, the filing of the petition in the district court of one county shall not be held to impart notice to persons acquiring an interest in the real property situated in another county, except from the time the plaintiff in such action shall pay a filing fee of five dollars ($5) and file for record with the register of deeds of such other county, a verified statement setting forth the nature of the action, the court in which it is pending and a description of the real property sought to be affected thereby. Once final judgment is entered in the action, the plaintiff in such action shall file a copy of such judgment with the register of deeds.
History: L. 1963, ch. 303, 60-2201; L. 1976, ch. 251, § 32; L. 1977, ch. 109, § 31; July 1.
Source or prior law:
(a). G.S. 1868, ch. 80, § 81; L. 1909, ch. 182, § 86; R.S. 1923, 60-2601.
(b). G.S. 1868, ch. 80, § 82; L. 1909, ch. 182, § 87; R.S. 1923, 60-2602.
Law Review and Bar Journal References:
Fraudulent conveyances in Kansas, F. J. Moreau, 11 J.B.A.K. 205 (1943).
"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 264, 269 (1977).
Operation and effect of recording statutes, 17 W.L.J. 615, 629, 630 (1978).
"The Kansas Uniform Fraudulent Transfer Act," Leon B. Graves, 68 J.K.B.A. No. 6, 34 (1999).
"Some issues concerning the property of married persons in Kansas," John C. Peck, 68 J.K.B.A. No. 8, 18 (1999).
Attorney General's Opinions:
Lis pendens and judgment liens on real property; notice of pending action; fees for filing. 85-45.
Tax foreclosure proceedings; K.S.A. 60-2201 and doctrine of lis pendens applied. 97-87.
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-2601, 60-2602 and the 1961 Supp. thereto.
1. Lis pendens inapplicable to property rights determined by antenuptial agreement. Herman v. Goetz, 204 K. 91, 93, 96, 460 P.2d 554.
2. Lien exception in 59-2239(1) inapplicable pendente lite lien. Gatewood v. Bosch, 2 K.A.2d 474, 479, 581 P.2d 1198.
3. Cited in holding security interest acquired in vehicle after knowledge of seizure under 65-4135 not bona fide. State v. One 1978 Chevrolet Corvette, 8 K.A.2d 747, 750, 667 P.2d 893 (1983).
4. Where bank's action not basis of plaintiff's claim, bank cannot use doctrine to breach prior unrelated agreement with plaintiff. Becker v. Buman, 239 K. 342, 347, 721 P.2d 246 (1986).
5. Third parties can acquire no interest in subject matter while foreclosure action pending; action remains pending through appeal. In re Gugenhan, 55 B.R. 507, 509 (1985).
6. Issue of purchase money mortgage having priority over judgment lien where mortgage used to purchase land and construct house examined. Resolution Trust Corp. v. Bopp, 18 K.A.2d 271, 275, 850 P.2d 939 (1993).
7. Kansas lis pendens provisions apply to federal action in which subject is real property located in state. Geiger v. Espy, 885 F.Supp. 231, 233 (1995).
8. Application of lis pendens requires more specific description of real estate than "plaintiff does not know nature of assets placed into trust." Cousatte v. Collins, 31 K.A.2d 157, 61 P.3d 728 (2003).