K.S.A. » Chapter 60

K.S.A. § 60-2201

Pendency of action as notice; lis pendens

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60-2201. Pendency of action as notice; lis pendens. (a) When a petition has been filed in the district court pursuant to chapter 60 of the Kansas Statutes Annotated, the action is pending so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject matter thereof as against the plaintiff's claim; but such notice shall be of no avail unless the summons be served or the first publication made within ninety (90) days after the filing of the petition.

(b) When the subject of the action is real property situated in two (2) or more counties, the filing of the petition in the district court of one county shall not be held to impart notice to persons acquiring an interest in the real property situated in another county, except from the time the plaintiff in such action shall pay a filing fee of five dollars ($5) and file for record with the register of deeds of such other county, a verified statement setting forth the nature of the action, the court in which it is pending and a description of the real property sought to be affected thereby. Once final judgment is entered in the action, the plaintiff in such action shall file a copy of such judgment with the register of deeds.

History: L. 1963, ch. 303, 60-2201; L. 1976, ch. 251, § 32; L. 1977, ch. 109, § 31; July 1.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1978–2021 · leading case: Cousatte v. Lucas (In Re Lucas)
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Cousatte v. Lucas (In Re Lucas) (2003) bap10 · cites it 2× “The bankruptcy court held that under the Kansas lis pen-dens statute, Kan. Stat. Ann. § 60-2201 (2002), 6 no third parties, including a trustee, could achieve bona fide purchaser status while a state foreclosure action is on appeal.”
Clark v. Wetherill (In Re Leitner) (1999) ksb · cites it 2× “K.S.A. § 60-2201(a). 18 . 2 Epstein et al.”
Gugenhan v. Blue Valley National Bank (In Re Gugenhan) (1985) ksb · cites it 4× “The Bank contends that under the lis pendens statute, K.S.A. § 60-2201, no third parties could achieve bona fide purchaser status after the filing of the state court foreclosure action.”
Greenpoint Mortgage Funding, Inc. v. Schlossberg (2005) md “11-14 (constructive notice commences upon indexing); Kan Stat. Ann § 60-2201 (constructive notice commences upon recording Notice); Ky.”
Davis v. World Savings Bank (In Re Androes) (2008) ksb · cites it 2× “Kan. Stat. Ann. § 60-2201 (a) (2005) imposes a bar on third parties acquiring an interest in real estate that is the subject matter of the petition while the action is pending.”
Becker v. Buman (1986) kan · cites it 2× “K.S.A. 60-2201(a) provides: "When a petition has been filed in the district court pursuant to chapter 60 of the Kansas Statutes Annotated, the action is pending so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third…”
Harter v. Harter, Inc. (In Re Harter, Inc.) (1983) ksd · cites it 2× “If the condominium had been the subject matter of the suit, then Kan.Stat.Ann. § 60-2201(a) (Supp.1982) which provides that third persons will be on notice of the pendency of such action from the date of filing would have applied.”
State v. One 1978 Chevrolet Corvette Vin 1Z87L8S437138 (1983) kanctapp “We are not persuaded by the argument that because Rodriguez still had title to the car until the forfeiture decree he was free to dispose of it as he saw fit.”
McGraw v. Premium Finance Co. of Missouri (1981) kanctapp “60-2414(o) from a second sale of the real estate subject to the junior lien.”
Cousatte v. Collins (2003) kanctapp · cites it 2× “See K.S.A. 60-2201. The . defendants moved for summary judgment, arguing Cousatte’s 1997 petition did not specifically describe the South Hiram home and thus lis pendens did not apply.”
Gatewood v. Bosch (1978) kanctapp “He claims that he has a pendente lite lien against the defendant’s property by virtue of K.S.A. 60-2201 and 2202 (Corrick). The fallacy of this argument is that the pendente lite lien only applies to property which is the subject of the pending action.”
Resolution Trust Corp. v. Bopp (1993) kanctapp · cites it 2× “Banks and other commercial lenders have, for years, dealt with the doctrine of lis pendens, K.S.A. 60-2201, and the constructive notice of recorded documents.”
Show all 14 citing cases →
— K.S.A. § 60-2201(a) — 5 cases
Clark v. Wetherill (In Re Leitner) (1999) ksb “K.S.A. § 60-2201(a). 18 . 2 Epstein et al.”
Becker v. Buman (1986) kan “K.S.A. 60-2201(a) provides: "When a petition has been filed in the district court pursuant to chapter 60 of the Kansas Statutes Annotated, the action is pending so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third…”
Harter v. Harter, Inc. (In Re Harter, Inc.) (1983) ksd “If the condominium had been the subject matter of the suit, then Kan.Stat.Ann. § 60-2201(a) (Supp.1982) which provides that third persons will be on notice of the pendency of such action from the date of filing would have applied.”
Cousatte v. Collins (2003) kanctapp “See K.S.A. 60-2201. The . defendants moved for summary judgment, arguing Cousatte’s 1997 petition did not specifically describe the South Hiram home and thus lis pendens did not apply.”
The Bank of New York Mellon v. Luna (2021) kanctapp
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