60-2406.
Sale subject to liens.
The interest of a judgment debtor in property, either real or personal, may be levied upon and sold on execution subject to liens or encumbrances already existing. If the holder of a lien or other security interest in tangible personal property asserts a right of possession thereto and does not consent to an execution sale subject to his or her interest, the sale shall not be completed unless for an amount in excess of such senior interest as determined by the court, and in such event the property shall be delivered by the officer to the lienholder entitled to the same. If the sale is completed, the net proceeds thereof shall be applied to the satisfaction of the senior interest in full and the balance applied to the judgment debt.
History:
L. 1963, ch. 303, 60-2406; January 1, 1964.
Notes of Decisions
Cited in
5
cases, 1988–2014 · leading case:
Stanley Bank v. Par., 264 P.3d 491 (Kan. Ct. App. 2011).
Stanley Bank v. Par., 264 P.3d 491 (Kan. Ct. App. 2011).
· cites it 3× “• Count II, within which the Bank sought a declaratory judgment that Bazin Excavating conducted a sale of the Yukon without meeting and satisfying the statutory requirements as set forth in K.S.A. 60-2406 and 60-2409. • Count IV, within which the Bank asserted a claim of…”
Stanley Bank v. Par., 317 P.3d 750 (Kan. 2014).
“The Bank sought a cfeclaratory judgment as to the superiority of its perfected purchase money security interest over any interests held by the defendants (Count I) and an order striking the sale of the Yukon based on Bazin Excavating’s failure to comply with the notice…”
City of Arkansas City v. Anderson, 749 P.2d 505 (Kan. Ct. App. 1988).
“” K.S.A. 60-2406. Is a vendor’s interest under a contract for deed subject to levy by special execution and, if so, may a creditor of the vendor attach the entire stream of payments which will flow to the vendor under the contract through one execution? Other jurisdictions have…”
Kinsley State Bank v. Waters, 854 P.2d 311 (Kan. Ct. App. 1993).
“60-2410 controls the sale of real property under execution and that such a sale cuts off liens on the property unless saved pursuant to K.S.A. 60-2406 and K.S.A. 1992. Supp. 60-2414.”
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