zLien filed our initial mechanics lien in Feb 2018 against a commercial property (clinic); owner still refuses payment. When do I renew this filing?
Nov 20, 2018
Mechanics liens in every state have an expiration date, after which a lien becomes unenforceable and may be extinguished. A few states allow for that deadline to be extended through a lien extension or a notice of credit. Kansas, while allowing a claimant to extend the time in which to file a lien (for a short period), does not provide a statutory mechanism for extending the time of a mechanics lien's validity.
In Kansas, an action to enforce a mechanics lien must be initiated within 1 year of the lien's filing. If that time passes, the lien is rendered unenforceable. In order to not lose out on the recovery power of a mechanics lien, the claimant must initiated a enforcement/foreclosure action in court in the county in which the property is located. If the action is initiated prior to the year deadline, the lien remains in force throughout the proceeding.