Brief(1)
S.B. 408 establishes an expedited process for the release of bogus liens filed against real or personal property.
The bill provides that any person who owns real or personal property or who is the debtor or obligor and who has reason to believe that any document or instrument purporting to create a lien or claim against the real or personal property is fraudulent may file with the district court of the county in which the claim has been filed a motion for judicial review of the status of the lien or claim. The motion shall be supported by the affidavit setting forth a concise statement of the facts.
The court's finding may be made solely on a review of the documentation attached to the motion and without hearing any testimonial evidence. The district court's review may be made ex parte without delay or notice of any kind. An appellate court is required to expedite review of a district court's finding if an appeal is taken.
After review, the district court shall enter an appropriate finding of fact and conclusion of law in the same filing office in the appropriate class of records in which the original documentation or instrument in question was filed. The filing officer shall not collect a filing fee for filing a district court's finding of fact and conclusion of law. Further, no filing fee is required for utilizing the expedited process.
The Senate Committee amended the bill to make it effective upon publication in the Kansas Register and made other technical amendments.
Background
The bill was recommended by the 1997 interim Special Committee on Judiciary as a result of its study of Topic No. 2 dealing with activities of militia groups.
The bill has no discernible fiscal impact on the state.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.