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60-2202. Judgment liens. (a) Any judgment rendered in this state by a court of the United States or by a district court of this state in an action commenced under chapter 60 of the Kansas Statutes Annotated shall be a lien on the real estate of the judgment debtor within the county in which judgment is rendered. Except as provided in subsection (c), the lien shall be effective from the time at which the petition stating the claim against the judgment debtor was filed but not to exceed four months prior to the entry of the judgment. An attested copy of the journal entry of the judgment, together with a statement of the costs taxed against the judgment debtor in the case, may be filed in the office of the clerk of the district court of any other county upon payment of the fee prescribed by K.S.A. 28-170 and amendments thereto, and the judgment shall become a lien on the real estate of the debtor within that county from the date of filing the copy. The clerk shall enter the judgment on the appearance docket and index it in the same manner as if rendered in the court in which the clerk serves. Executions shall be issued only from the court in which the judgment is rendered.

(b) Any judgment rendered by a district court of this state in an action commenced under the code of civil procedure for limited actions shall become a lien on the real property of the judgment debtor when the party in whose favor the judgment was rendered pays the fee prescribed by K.S.A. 28-170 and amendments thereto and the clerk of the district court enters the judgment in the appearance docket. The lien shall become a lien only upon the debtor's real property that is located in the county in which the filing is made, but a filing may be made in any county in which real property of the judgment debtor is located. Upon the filing of a journal entry of judgment and payment of the fee as provided in this section, the clerk of the district court shall enter it in the appearance docket. The lien shall cease to be a lien on the real property of the judgment debtor at the time provided in article 24 of this chapter.

(c) Notwithstanding the foregoing provisions of this section, the filing of a petition or other pleadings against an employee of the state or a municipality which alleges a negligent or wrongful act or omission of the employee while acting within the scope of the employee's employment shall create no lien rights as against the property of the employee prior to judgment, regardless of whether or not it is alleged in the alternative that the employee was acting outside the scope of the employee's employment. A judgment against an employee shall become a lien upon the employee's property when the judgment is rendered only if it is found that (1) the employee's negligent or wrongful act or omission occurred when the employee was acting outside the scope of the employee's employment or (2) the employee's conduct which gave rise to the judgment was because of actual fraud or actual malice of the employee; in those cases the lien shall not be effective prior to the date judgment is rendered. As used in this subsection, "employee" has the meaning provided by K.S.A. 75-6102 and amendments thereto.

(d) If unpaid arrearages accrued under a support order rendered in another state give rise to a lien on real property in the state where rendered, such arrearages shall become a lien on the real property of the obligor as of the date the clerk of the court in this state enters the order in the appearance docket. The clerk of the court shall enter the order in the appearance docket upon receiving payment of the fee prescribed by K.S.A. 28-170 and amendments thereto; a sworn statement that the obligor was provided at least 30 days' prior written notice that the lien would be filed in this state, that the obligor was provided an opportunity for hearing concerning the proposed filing and that no hearing was timely requested or the decision therein allows the lien to be filed; a sworn statement of the amount of the lien; and a legible copy of the support order or, in a title IV-D case, a notice of lien that describes the support order. The lien shall become a lien only upon the obligor's real property that is located in the county in which the filing is made, but a filing may be made in any county in which real property of the obligor is located. The lien shall cease to be a lien on the real property of the obligor at the time provided in article 24 of this chapter. As used in this section, "title IV-D case" means a case being administered pursuant to part D of title IV of the federal social security act (42 U.S.C. § 651 et seq.) and amendments thereto. Any person filing the documents required by this subsection shall be deemed to have submitted to the jurisdiction of the courts of this state with respect to any action in this state to determine the validity of the lien or the lien's attachment to any real property.

(e) A person named as the debtor in a notice of lien filed pursuant to subsection (d) based upon a support order issued in another state, or a person whose interest in real estate is affected by the filing of such a notice of lien may file a petition pursuant to chapter 60 of the Kansas Statutes Annotated, and amendments thereto, with the district court where the notice of lien was filed. The petitioner shall notify the person who filed the notice of lien that a hearing to contest the validity of the lien or the lien's attachment to the petitioner's property will be held no less than 30 days after the date of mailing or personal service of the notice.

History: L. 1963, ch. 303, 60-2202; L. 1976, ch. 251, § 33; L. 1977, ch. 109, § 32; L. 1977, ch. 112, § 26; L. 1979, ch. 186, § 24; L. 1984, ch. 147, § 13; L. 1997, ch. 182, § 73; L. 2000, ch. 161, § 114; January 1, 2001.

Source or prior law:

G.S. 1868, ch. 80, § 419; L. 1907, ch. 260, § 1; L. 1909, ch. 182, § 416; R.S. 1923, 60-3126.

Cross References to Related Sections:

Period of time for judicial act unaffected by expiration of term of court, see 60-206(c).

Execution to conform to judgment in special cases, see 60-2417(b).

Law Review and Bar Journal References:

Former law (G.S. 1949, 60-3126), as to lien relating back to first day of term, mentioned in discussing fraudulent conveyances, F. J. Moreau, 11 J.B.A.K. 205 (1943).

"Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 80 (1963).

Decisions construing divorce decree as lien discussed in family law survey, Harvey S. Berenson, 17 K.L.R. 349, 379 (1969).

Discussion of real estate lease in Kansas, Richard L. Zinn, 17 K.L.R. 707, 728 (1969).

"Survey of Tort Damages," Jerry G. Larson, Tim O'Sullivan, 14 W.L.J. 466, 469 (1975).

"Professional Liability Insurance: Implication of Termination," Wayne T. Stratton, 77 J.K.M.S. 255, 258 (1976).

"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, 631, 632 (1978).

"Recent Developments in Kansas Oil and Gas Law," Philip E. De La Torre, 32 K.L.R. 595, 608 (1984).

"Congress Tackles Domestic Relations Issues—A Look at the Changes in Divorce Taxation and Child Support Enforcement," Linda D. Elrod, 53 J.K.B.A. 283 (1984).

"Kansas Enacts New Provisions for Child Support Enforcement—Mandatory Wage Withholding," Yvonne C. Anderson, Richard A. Forster, 25 W.L.J. 91, 102 (1985).

"Bankruptcy and Divorce in Kansas," J. Scott Pohl and C. J. Wahrman, 29 W.L.J. 551, 578 (1990).

"Kansas Homestead Law," Roger L. Theis and Karl R. Swartz, 65 J.K.B.A. No. 3, 20, 34, 38, 45 (1996).

"The Kansas Tort Claims Act: The Evolving Parameters of Governmental Tort Liability," Terri Savely Bezek, 66 J.K.B.A. No. 8, 30 (1997).

"Title and Related Considerations in Conveying Kansas Water Rights," John C. Peck, 66 J.K.B.A. No. 9, 38 (1997).

"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:

Delinquent personal property tax collection; tax lien; time of attachment. 95-55.

Creation of lien; deprivation of property and due process requirements considered. 97-39.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-3126 and the 1961 Supp. thereto.

1. Journal entry of divorce decree directing payments of child support imparts notice to purchaser of real estate; unpaid installments constitute judgment liens. Brieger v. Brieger, 197 K. 756, 758, 764, 421 P.2d 1.

2. Applied; filing procedure perfects judgment lien on real estate owned by judgment debtor in county where filing occurs. Needham v. Young, 205 K. 603, 604, 470 P.2d 762.

3. Applied; district court held that execution wrongfully issued; affirmed. Needham v. Young, 205 K. 603, 605, 606, 470 P.2d 762.

Annotations to L. 1963, ch. 303:

4. Journal entry by clerk erroneous; lien became effective from time petition filed. Carnation Co. v. Midstates Marketers, Inc., 2 K.A.2d 236, 237, 238, 577 P.2d 827.

5. Mentioned in holding homestead exempt from forced sale; personal judgment of decedent not a lien on homestead. Jones v. St. Francis Hosp. & School of Nursing, 225 K. 649, 653, 594 P.2d 162.

6. Lien exception in 59-2239(1) inapplicable pendente lite lien. Gatewood v. Bosch, 2 K.A.2d 474, 479, 581 P.2d 1198.

7. Section does not mandate classification of oil and gas as real estate for purposes of judgment lien statute. Utica Nat'l Bank & Trust Co. v. Marney, 233 K. 432, 433, 434, 435, 661 P.2d 1246 (1983).

8. Divorce decree created lien on marital property awarded to defendant and later claimed as homestead. Bohl v. Bohl, 234 K. 227, 231, 670 P.2d 1344 (1983).

9. Cited; mechanic's lien holder should secure personal judgment and foreclosure in same action. Home State Bank v. P.B. Hoidale Co., 239 K. 165, 169, 718 P.2d 292 (1986).

10. Cited; sufficiency of journal entry to effect entry of final judgment under 60-254(b) examined. City of Salina v. Star B, Inc., 241 K. 692, 694, 739 P.2d 933 (1987).

11. Lien created by property settlement incorporated into divorce decree was avoidable "judicial lien" under § 522(f)(i) of Bankruptcy Code. Maus v. Maus, 837 F.2d 935, 938 (1988).

12. Money judgment in divorce decree as creating equitable lien or mortgage against bankruptcy debtor's real property examined. In re Donahue, 862 F.2d 259, 261 (10 th Cir. 1988).

13. Relate-back statute creates inchoate lien for federal tax lien purposes. In re Ike Martin Co., Inc., 49 B.R. 13, 15 (1985).

14. Lien of debtor's former wife granted in divorce not secured where attested journal entry not filed. In re Donahue, 62 B.R. 607, 608 (1986).

15. Lien perfected four months prior to judgment; transfer occurred outside ninety-day federal period in bankruptcy code. In re Hensley, 70 B.R. 237, 240 (1987).

16. Federal law governs when perfection of transfer occurs; date of judgment controls rather than four-month relate-back period. In re Proffitt Const. Co., Inc., 73 B.R. 288, 289 (1987).

17. Petition filed prior to defendant's acquisition of homestead property as creating avoidable lien examined. In re Sprick, 78 B.R. 292, 294 (1987).

18. Divorce decree noting verbal property settlement and granting debtor property with debt back to spouse as dischargeable examined. In re Alvarado, 92 B.R. 923, 925 (1988).

19. Kansas rule that unsatisfied judgment lien attaches to judgment debtor's after-acquired real property interest not altered. Wichita Fed. Sav. & Loan Ass'n v. North Rock Rd. Ltd. Partnership, 13 K.A.2d 678, 680, 779 P.2d 442 (1989).

20. Judgment lien obtained on debtor's property hereunder is transfer on date suit was filed under 11 U.S.C. § 547. In re Hatfield, 101 B.R. 271 (1989).

21. Petition for certiorari with U.S. Supreme Court as not extending filing time for motion to modify sentence examined. State v. Miller, 246 K. 445, 448, 790 P.2d 419 (1990).

22. State employee's acceptance of bribe as not within scope of 75-6101 et seq. noted. Commerce Bank of St. Joseph, N.A. v. State, 251 K. 207, 210, 833 P.2d 996 (1992).

23. 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, 272, 850 P.2d 939 (1993).

24. Whether county entitled to stay of execution for personal injury judgment absent superdeas bond examined. Wilmer v. Bd. of County Com'rs, Leavenworth, 844 F.Supp. 1414, 1418 (1994).

25. Amendment to petition allowed to correct typographical error to reflect case is limited action. Hole-in-One, Inc., v. Kansas Industrial Land Corp., 22 K.A.2d 197, 198, 204, 913 P.2d 1225 (1996).

26. The three-month redemption period is not applicable to real property executed upon to satisfy deficiency judgment. Farm Credit Bank of Wichita v. Zerr, 22 K.A.2d 247, 253, 915 P.2d 137 (1996).

27. Where judgment was entered within 90-day preference period, judgment lien was avoided as preferential transfer. In re Williams, 216 B.R. 447, 449 (1998).

28. Earlier mortgage of bank has priority over later judgment for creating a nuisance. Premier Bank v. J.D. Homes of Olathe, Inc., 30 K.A.2d 898, 50 P.3d 517 (2002).

29. Bankruptcy court finds judgment against debtor is secured by a judgment lien under K.S.A. 60-2202. In re Torline, 357 B.R. 856, 864 (2006).

30. Request for hearing under K.S.A. 72-5446 denied by school board; district court's order to hold board hearing not appealable. Nickels v. Board of Education of U.S.D. No. 453, 38 K.A.2d 929, 931, 173 P.3d 1176 (2008).

31. Cited; judgment lien under K.S.A. 60-2202 does not attach to or affect a homestead. Deutsche Bank Nat'l Trust Co. v. Rooney, 39 K.A.2d 913, 914, 917, 918, 920, 186 P.3d 820 (2008).

32. Lis pendens lifted when action dismissed for lack of prosecution; bankruptcy trustee prevails, mortgage did not impart notice. In re Androes, 382 B.R. 805, 813 (2008).


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