Frequently Asked Questions - Kansas Mechanics Lien
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Why LienItNow?

LienItNow.com provides online mechanics lien forms to help contractors, sub-contractors, and suppliers secure the payment they need. In three simple steps, complete your mechanics lien on your own time in only 10 quick minutes. Once a time-consuming process for construction companies, LienItNow.com makes filing your mechanics lien faster and easier than ever. LienItNow.com can also help you create bond claims, pre-lien notices and lien releases.

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What is a Kansas mechanics' lien Claim?

A Kansas mechanics lien for labor and materials is a document that, once filed with the District Court Clerk in the county in which the lienor is located, provides public notice that money is owed to the person who is claiming the Kansas mechanics lien. Depending on the lien claimant's relationship to the construction project (contractor, subcontractor, supplier), slightly different types of Kansas mechanics liens are filed. What is important to know is that a Kansas mechanics lien for labor and materials encumbers the property, keeping it from easily being sold, transferred or financed. The purpose of this encumbrance is to ensure payment to the lienor claimant, who has the right to foreclosure on the property and be paid out of the proceeds. In the event of a sale, the lienor should be paid from the money received from the sale. In the event of a refinance, most banks require that the mechanics lien be resolved before any financing can take place: this is because if a lien was filed before a mortgage, then the bank will not have priority over the mechanics lien.

With regard to the different requirements for a Kansas mechanics lien statement, they are generally as follows: 

If the Kansas mechanics lien claimant is a contractor: Contractors must file a verified statement showing the name of the owner, the name and address sufficient for service of process of the claimant, a description of the real property, a reasonably itemized statement and the amount of the claim.

If the Kansas mechanics lien claimant is a subcontractor or supplier: Subcontractors and suppliers must file a verified statement setting forth the same information as the contractor, as well as the name of the contractor, and an affidavit that a Warning Statement (a prelien notice) was given and a Notice of Intent to Perform was given.

In Kansas, liens filed on private property or on funds relating to a public project are known as Mechanic's Liens. When a Kansas mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. Kansas construction liens filed with regard to public projects attach to the funds held by the public owner, but generally bond claims are used to secure unpaid funds on Kansas construction projects.

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Who can file a Kansas mechanics' lien Claim?
Are pre-lien notices for a Kansas mechanics' lien Claim required?
When should a Kansas mechanics' lien Claim be filed?
How much does it cost to file a Kansas mechanics' lien Claim?
Do I need a written contract in order to file a Kansas Mechanics Lien Claim?
How does filing a Kansas mechanics' lien Claim help me get my money?
What is a Kansas Stop Notice and why should it be filed

LienItNow.com prepares and serves Kansas Stop Notices.  A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic's lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.

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What is a Kansas Amendment to a mechanics' lien Claim?
When should a Kansas Discharge of mechanics' lien claim be filed?
How much does it cost to file a Kansas Extension of a mechanics' lien Claim?
Can I file a Bond Claim on a Kansas Project?
Do I need to file a Pre-Notice to make a claim against a Kansas payment bond?

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