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How do I foreclose on a KS mechanics lien.

I filed a mechanics lien that I want to take further action on and foreclose on it. What does that entail? I will hire an attorney but I want to know what all this will entail. I field the lien and sent the notice to foreclose through Levelset. Daniel and Susan Welter - Debbie Lyden President of Hannah the Electrician. Thank you!

1 reply

Jan 30, 2020

The foreclosure of a mechanics lien requires the filing and prosecution of a lawsuit, with all that entails. A lien enforcement action is ultimately an action to foreclose on and force the sale of the property. The proceeds of that sale are used to satisfy the claims against it (mechanics liens, mortgages, etc.) and the rest is distributed to the property owner. As a practical matter, the property is rarely sold, and the lien is satisfied by funds provided by the property owner or other interested party. In Kansas, an action to enforce a mechanics lien must be commenced within 1 year of filing the lien. When the lawsuit is filed, all parties with an interest in the property (including other lien claimants) must be made parties to the lawsuit. Your lawyer will help you figure out the proper parties, the form of and contents of the lawsuit documents, and any associated or additional claims to be made.

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