61-3703. Sale of property to satisfy judgment for foreclosure of security interest. - Kansas Statutes

61-3703

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 37.--REPLEVIN AND FORECLOSURE OF SECURED INTERESTS

      61-3703.   Sale of property to satisfy judgment forforeclosure of security interest.(a) Anysale conducted under the provisions of this section shall be subjectto the provisionsof K.S.A. 60-2406, and amendments thereto, except that the disposition ofproceeds after thesatisfaction of seniorsecurity interests or liens shall be made in accordance with the provisions ofK.S.A.61-3705, and amendments thereto.The officer who shall be directed to sell the personal property,before the officerproceeds to sell the same, shall cause public notice to be given of the timeandplace of sale, atleast 10 days before the day of sale. The notice shall be given by publicationat least onceeach week for two consecutive weeks in any newspaper published in the county,and whichis qualified to carry legal publications, or, in the discretion of the court,by posting notices infive public places in the county, one of which shall be on a bulletin boardestablished forpublic notices in the county courthouse. Within five days of the date of firstpublication or posting of notice, plaintiff shall send by restricted mail acopy of such notice to the defendantand to those persons known by the plaintiff to have a security interest in theproperty. Suchnotice shall be sent to the last known address of the person to whom sent andshall be incompliance withK.S.A. 2009 Supp.84-1-202(d) and(e), and amendments thereto. Ifthe personal property cannot be sold at the specialexecution sale for want of bidders, the plaintiff may direct the officer toreturn the specialexecution showing that fact or, at the plaintiff's option, may report the sameto the judgeand obtain an order permitting a second sale under the same special executionand anextension of the return day of the special execution if that be necessary.

      (b)   If the personal property to be sold shall consist of more than one itemof property, theappropriate officer conducting such sale shall sell only so much of thepersonal property in the officer'scustody as is necessary to satisfy the judgment, interest and costs, and shallreturn the balanceof any property remaining unsold to the defendant by notifying the defendant ofthe time andplace when same may be obtained.

      (c)   Neither the officer conducting the sale nor any other member of theofficer's staff may bid atany such sale.

      (d)   The provisions of K.S.A. 60-2411, and amendments thereto, relating toadvancement of printer's fees shall apply tothis section.

      History:   L. 2000, ch. 161, § 75;L. 2007, ch. 89, § 32; July 1, 2008.