58-30a14. Enforcement of lien; foreclosure petition; priority of liens. - Kansas Statutes

58-30a14

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 30a.--COMMERCIAL REAL ESTATE BROKER LIEN ACT

      58-30a14.   Enforcement of lien; foreclosure petition;priority of liens.(a) A broker may enforce a lien attaching against commercialreal estate by filinga petition to foreclose such lien in the district court of the county in whichsuch realestate is located. Failure to file such petition within two years of recordinga lienshall extinguish such lien. A claim for a lien extinguished pursuant to thissection maynot be asserted in subsequent proceedings.

      (b)   A foreclosure petition shall contain the name of the broker and thebroker'slicensenumber, the name of the owner or owners of the real estate, a statement of theterms of thecontract oragreement on which the lien is based, the date when the contract or agreementwas made,a description of the services performed, the amount due and unpaid, adescription of thereal estate that is subject to the lien and any other facts necessary for afull understandingof the rights of the parties. The plaintiff shall file the action against allknown parties whohave an interest in such real estate. A foreclosure action for a lien claimedpursuant tothis act shall be brought in the manner provided by article 24 of chapter 60 ofthe KansasStatutes Annotated, and amendments thereto.

      (c)   Any valid prior recorded liens or mortgages shall have priority over arealestate broker'slien.

      History:   L. 2005, ch. 179, § 14; July 1.