MECHANICS' LIEN RELEASE — KANSAS

K.S.A. Chapter 60, Article 11 — Liens for Labor and Material

TABLE OF CONTENTS

1. Full Release of Mechanics' Lien
2. Partial Release of Mechanics' Lien
3. Release by Surety Bond
4. Demand for Release of Mechanics' Lien
5. Motion to Discharge Mechanics' Lien
6. Release of Notice of Intent to Perform
7. Recording Instructions
8. Kansas Statutory Reference Table
9. Practitioner Notes

1. FULL RELEASE OF MECHANICS' LIEN

RELEASE AND SATISFACTION OF MECHANIC'S LIEN

RECORDING INFORMATION

Filing Number: [________________________________]
County of Filing: [________________________________], Kansas
Date of Original Lien Filing: [__/__/____]
Office of Clerk of the District Court: [________________________________] County

CLAIMANT INFORMATION

Name of Claimant: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]
Telephone: [________________________________]
Email: [________________________________]

PROPERTY OWNER INFORMATION

Name of Owner: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

CONTRACTOR (if different from Claimant)

Name: [________________________________]
Address: [________________________________]

PROPERTY DESCRIPTION

Property Address: [________________________________]
City: [________________________________] County: [________________________________], Kansas
Legal Description: [________________________________]
[________________________________]
[________________________________]

ORIGINAL LIEN INFORMATION

Date Lien Statement Filed: [__/__/____]
Filing Number: [________________________________]
Filed with: Clerk of the District Court, [________________________________] County, Kansas
Original Lien Amount: $[________________________________]
Description of Labor/Equipment/Materials/Supplies Furnished: [________________________________]
[________________________________]

RELEASE AND SATISFACTION

The undersigned Claimant hereby releases, satisfies, and discharges in full the Mechanic's Lien described above. The Claimant states and certifies as follows:

1. The Claimant previously filed a Lien Statement pursuant to K.S.A. 60-1103 (or K.S.A. 60-1101) with the Clerk of the District Court of [________________________________] County, Kansas.

2. The entire amount secured by the Lien Statement has been fully paid and satisfied:

☐ Payment in full received in the amount of $[________________________________]
☐ Payment received on [__/__/____] via: ☐ Check ☐ Wire Transfer ☐ Cash ☐ Other: [________________]
☐ Settlement agreement executed on [__/__/____]
☐ Judgment satisfied
☐ Other: [________________________________]

3. The Claimant hereby unconditionally releases, satisfies, cancels, and discharges the above-described Mechanic's Lien in its entirety.

4. The Claimant consents to the filing of this Release with the Clerk of the District Court of [________________________________] County, Kansas.

5. The Claimant waives and relinquishes any and all right, title, claim, lien, or interest in or to the above-described property arising from the released lien.

CLAIMANT SIGNATURE

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

VERIFICATION

State of Kansas )
) ss.
County of [________________________________] )

I, [________________________________], being duly sworn, state that I am the Claimant (or authorized representative of the Claimant) named in the foregoing Release and Satisfaction, and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

Signature: ______________________________

Subscribed and sworn before me this [____] day of [________________], 20[____].

Notary Public: ______________________________
My Commission Expires: [__/__/____]

[NOTARY SEAL]

2. PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL RELEASE AND SATISFACTION OF MECHANIC'S LIEN

RECORDING INFORMATION

Filing Number of Original Lien: [________________________________]
County of Filing: [________________________________], Kansas

PARTIES

Claimant: [________________________________]
Property Owner: [________________________________]
Property Address: [________________________________]
Legal Description: [________________________________]

ORIGINAL LIEN INFORMATION

Date Lien Statement Filed: [__/__/____]
Filing Number: [________________________________]
Original Lien Amount: $[________________________________]

PARTIAL RELEASE

The undersigned Claimant hereby partially releases and satisfies the Mechanic's Lien described above:

1. Amount of partial payment received: $[________________________________]
2. Date of partial payment: [__/__/____]
3. Remaining lien amount: $[________________________________]

4. Description of work/materials covered by this partial release:
   [________________________________]
   [________________________________]

5. Portion of property released:
   ☐ Entire property remains subject to lien for the remaining balance
   ☐ The following portion of the property is released from the lien:
   [________________________________]
   [________________________________]

The Claimant releases the Mechanic's Lien to the extent of $[________________________________]. The remaining lien of $[________________________________] continues against the above-described property (or unreleased portion thereof).

CLAIMANT SIGNATURE

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

VERIFICATION

State of Kansas )
) ss.
County of [________________________________] )

Subscribed and sworn before me this [____] day of [________________], 20[____], by [________________________________].

Notary Public: ______________________________
My Commission Expires: [__/__/____]

[NOTARY SEAL]

3. RELEASE BY SURETY BOND

BOND TO SECURE PAYMENT IN LIEU OF MECHANIC'S LIEN

(K.S.A. 60-1110)

IMPORTANT: Under K.S.A. 60-1110, a contractor or owner may execute a bond conditioned for the payment of lien claims. The bond must be in a sum not less than the contract price (for general bonds) or in the amount of a disputed lien claim. The bond must have good and sufficient sureties, be approved by a judge of the district court, and be filed with the Clerk of the District Court. When the bond is approved and filed, no lien shall attach, and existing filed liens are discharged.

SURETY BOND FOR DISCHARGE OF MECHANIC'S LIEN

Bond No.: [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

PRINCIPAL

Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]
Relationship to Property: ☐ Owner ☐ Contractor ☐ Other: [________________]

SURETY

Name of Surety Company: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]
Authorized in Kansas: ☐ Yes

OBLIGEE

Name of Lien Claimant(s): [________________________________]
Address: [________________________________]

LIEN AND BOND INFORMATION

Lien Filing Number: [________________________________]
Date of Lien Filing: [__/__/____]
Lien Amount: $[________________________________]
Bond Amount: $[________________________________]
(Not less than the contract price or lien claim amount)
Property Address: [________________________________]
County: [________________________________], Kansas

WHEREAS, [________________________________] ("Lien Claimant") filed a Lien Statement against the above-described property with the Clerk of the District Court of [________________________________] County, Kansas, in the amount of $[________________________________]; and

WHEREAS, the Principal desires to discharge said lien by execution of a bond pursuant to K.S.A. 60-1110;

NOW, THEREFORE, the Principal and Surety, as obligors, are held and firmly bound unto the State of Kansas for the use of all persons in whose favor liens might accrue, in the sum of $[________________________________], for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.

CONDITION: This bond is conditioned upon the payment of all claims which might be the basis of liens, or the payment of the specific claim described above (in the amount of $[________________________________]), as applicable.

If such payment is made, this obligation shall be void; otherwise, it shall remain in full force and effect.

PRINCIPAL

Signature: ______________________________
Printed Name: [________________________________]
Date: [__/__/____]

SURETY

By: ______________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

[CORPORATE SEAL]

ORDER APPROVING BOND AND DISCHARGING LIEN

(To be signed by a Judge of the District Court)

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

Case No. [________________________________]

Having reviewed the surety bond filed by [________________________________] and finding that the bond has good and sufficient sureties and is in a sum not less than the claim amount, IT IS HEREBY ORDERED:

1. The surety bond (Bond No. [________________________________]) is APPROVED.
2. The Mechanic's Lien filed by [________________________________], Filing No. [________________________________], is hereby DISCHARGED.
3. The Clerk of the District Court shall note the discharge of the lien in the records.

IT IS SO ORDERED this [____] day of [________________], 20[____].

______________________________
Judge, District Court
[________________________________] County, Kansas

4. DEMAND FOR RELEASE OF MECHANICS' LIEN

DEMAND TO FILE RELEASE OF MECHANIC'S LIEN

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

To: [________________________________] ("Lien Claimant")
[________________________________]
[________________________________]
[________________________________]

From: [________________________________] ("Demanding Party")
[________________________________]
[________________________________]
[________________________________]

RE: DEMAND FOR RELEASE OF MECHANIC'S LIEN

Property Address: [________________________________]
County: [________________________________], Kansas
Lien Filing Number: [________________________________]
Date of Lien Filing: [__/__/____]
Lien Amount: $[________________________________]

Dear [________________________________]:

You are hereby notified and demand is made upon you to file a Release of Mechanic's Lien for the lien identified above, which was filed with the Clerk of the District Court of [________________________________] County, Kansas.

BASIS FOR DEMAND:

☐ Full Payment: You have been paid in full for all labor, equipment, materials, and supplies furnished. Payment of $[________________________________] was made on [__/__/____].

☐ Expiration of Enforcement Period: The one (1) year enforcement period under Kansas law has expired. Your Lien Statement was filed on [__/__/____], and no foreclosure action was commenced within one (1) year of filing.

☐ Settlement: The claim underlying the lien has been fully resolved by settlement agreement dated [__/__/____].

☐ Other: [________________________________]

DEMAND:

You are hereby demanded to:

1. Execute a written Release and Satisfaction of Mechanic's Lien;
2. File the Release with the Clerk of the District Court of [________________________________] County, Kansas; and
3. Accomplish the foregoing within fifteen (15) days of receipt of this demand.

CONSEQUENCES OF FAILURE TO COMPLY:

If you fail to file a release within the time stated, the Demanding Party will:

1. Seek a court order from the District Court discharging the lien;
2. Seek recovery of all costs, including reasonable attorney fees, incurred in obtaining the discharge;
3. Seek any other remedies available at law or in equity, including damages for wrongful lien.

PROOF OF PAYMENT/EXPIRATION ENCLOSED:

☐ Copy of canceled check(s) or payment confirmation
☐ Wire transfer confirmation
☐ Settlement agreement
☐ Proof of lien expiration (filing date + 1-year calculation)
☐ Other: [________________________________]

Please govern yourself accordingly.

Sincerely,

______________________________
[________________________________]
[________________________________]
[________________________________]

5. MOTION TO DISCHARGE MECHANICS' LIEN

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

[________________________________], )
)
Movant, ) Case No. [________________________________]
)
v. ) MOTION TO DISCHARGE
) MECHANIC'S LIEN
[________________________________], )
)
Respondent. )

COMES NOW the Movant, [________________________________], and moves this Court for an order discharging and releasing the Mechanic's Lien filed by the Respondent, and in support states:

I. PARTIES

1. Movant is:
   ☐ The owner of the real property described herein
   ☐ A party with an interest in the property, specifically: [________________________________]
   Address: [________________________________]

2. Respondent, [________________________________], is the Lien Claimant. Address: [________________________________]

II. PROPERTY

3. The real property is located at [________________________________], [________________________________] County, Kansas, and is more particularly described as:
   [________________________________]
   [________________________________]

III. LIEN INFORMATION

4. On or about [__/__/____], Respondent filed a Lien Statement with the Clerk of the District Court of [________________________________] County, Kansas, Filing No. [________________________________], in the amount of $[________________________________].

IV. GROUNDS FOR DISCHARGE

5. The Mechanic's Lien should be discharged for the following reason(s):

☐ Full Payment — Failure to Release: The lien claim has been paid in full. Payment of $[________________________________] was made on [__/__/____]. A written demand for release was sent on [__/__/____], and Respondent has failed to file a release.

☐ Lien Expired: The one (1) year enforcement period has expired. The lien was filed on [__/__/____], and no foreclosure action was commenced on or before [__/__/____].

☐ Procedural Deficiency: The lien is invalid because:
☐ The Lien Statement was not filed within three (3) months after the date supplies/materials/equipment was last furnished or labor performed (K.S.A. 60-1103)
☐ Required notice was not given
☐ Other: [________________________________]

☐ Surety Bond Filed: A surety bond has been executed and is submitted herewith for court approval pursuant to K.S.A. 60-1110, which upon approval will discharge the lien.

☐ Other: [________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Court:

A. Enter an order discharging and releasing the Mechanic's Lien (Filing No. [________________________________]);
B. Direct the Clerk of the District Court to note the discharge in the records;
C. Award Movant costs and reasonable attorney fees;
D. Grant such other relief as the Court deems just.

Respectfully submitted,

______________________________
[________________________________]
Attorney for Movant
Kansas Bar No. [________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

6. RELEASE OF NOTICE OF INTENT TO PERFORM

RELEASE OF NOTICE OF INTENT TO PERFORM AND WAIVER OF LIEN

(K.S.A. 60-1103b)

IMPORTANT: This form is used specifically for releasing a Notice of Intent to Perform filed under K.S.A. 60-1103b for new residential property. When a claimant who filed a Notice of Intent to Perform has been paid in full or otherwise discharged, the claimant is required to file a Release of Notice and Waiver of Lien.

FILING INFORMATION

Original Notice Filing Number: [________________________________]
County of Filing: [________________________________], Kansas
Date of Original Filing: [__/__/____]

CLAIMANT INFORMATION

Name of Claimant: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

PROPERTY INFORMATION

Property Address: [________________________________]
City: [________________________________] County: [________________________________], Kansas
Legal Description (as set forth in Notice of Intent to Perform):
[________________________________]
[________________________________]

RELEASE AND WAIVER

The undersigned Claimant hereby files this Release of Notice of Intent to Perform and Waiver of Lien pursuant to K.S.A. 60-1103b, and states:

1. On [__/__/____], the undersigned filed a Notice of Intent to Perform with the Clerk of the District Court of [________________________________] County, Kansas, Filing No. [________________________________], with respect to the above-described property.

2. The Claimant has been:
   ☐ Paid in full for all labor, equipment, materials, and supplies furnished
   ☐ Otherwise discharged from the obligation giving rise to the Notice of Intent to Perform

3. The Claimant hereby releases the Notice of Intent to Perform identified above and waives and relinquishes any statutory right to a lien for the furnishing of labor, equipment, materials, or supplies to the above-described property pursuant to K.S.A. 60-1101 and K.S.A. 60-1103.

4. Upon filing of this Release, the Notice of Intent to Perform previously filed by the Claimant shall be of no further force or effect, and the Claimant's right to a lien under K.S.A. 60-1101 and 60-1103 shall be extinguished.

CLAIMANT SIGNATURE

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

VERIFICATION

State of Kansas )
) ss.
County of [________________________________] )

Subscribed and sworn before me this [____] day of [________________], 20[____], by [________________________________].

Notary Public: ______________________________
My Commission Expires: [__/__/____]

[NOTARY SEAL]

7. RECORDING INSTRUCTIONS

Kansas Clerk of the District Court

In Kansas, Mechanic's Liens are filed with the Clerk of the District Court in the county where the property is located (not the county Register of Deeds). Releases are filed with the same office.

Filing Office:
Clerk of the District Court
[________________________________] County, Kansas
[________________________________] (Address)

IMPORTANT DISTINCTION: Kansas mechanics' liens are filed with the Clerk of the District Court, not the Register of Deeds. This is different from most states where liens are recorded with the county recorder or register of deeds.

Filing Requirements:

☐ Original executed Release of Mechanic's Lien (with original signatures)
☐ Verification (sworn statement) or notarization
☐ Document must reference the original lien Filing Number
☐ Legal description of the property
☐ Filing fee (consult the Clerk for current fees)

Steps to File:

1. Prepare the Release using Form 1 or 2 above (or Form 6 for Notice of Intent to Perform).
2. Have the Release verified (sworn) or notarized.
3. Present the executed Release to the Clerk of the District Court.
4. Pay the filing fee.
5. Obtain a file-stamped copy for your records.
6. Provide a copy to the property owner.

Notice of Intent to Perform (K.S.A. 60-1103b):
For new residential property, if a Notice of Intent to Perform was filed, the release must also be filed with the Clerk of the District Court using the form prescribed by the Kansas Judicial Council (Form 6 above). The release must be filed in the same office where the Notice was filed and the claimant must pay any requisite filing fee.

8. KANSAS STATUTORY REFERENCE TABLE

9. PRACTITIONER NOTES

A. Filing with the Clerk of the District Court

Kansas is unique in that mechanics' liens are filed with the Clerk of the District Court, not the county Register of Deeds (unlike most states). This means releases must also be filed with the Clerk of the District Court. Practitioners unfamiliar with Kansas practice should be careful not to file releases with the Register of Deeds by mistake.

B. No Specific Statutory Penalty for Failure to Release

Kansas does not have a specific statutory penalty (like Illinois's $2,500 or Indiana's $500) for a lien claimant's failure to release a satisfied or expired lien. However:
- The property owner may seek a court order discharging the lien
- Attorney fees and costs may be recoverable in such proceedings
- A wrongful lien may give rise to common law tort claims (slander of title, abuse of process)

C. One-Year Enforcement Deadline

Under K.S.A. 60-1105, a lien claimant must commence a foreclosure action within one (1) year of filing the lien. After this period, the lien expires and can no longer be enforced. The property owner may then seek a court order discharging the expired lien from the records.

D. Three-Month Filing Deadline

A lien statement must be filed within three (3) months after the date supplies, material, or equipment was last furnished or labor performed. For non-residential property, this may be extended to five (5) months by filing a notice of extension within the first three months.

E. Notice of Intent to Perform System (K.S.A. 60-1103b)

For new residential property, Kansas has a unique "Notice of Intent to Perform" system:
- Subcontractors/suppliers must file a Notice of Intent to Perform before the deed transfers to a good faith purchaser to preserve lien rights
- After payment in full, the claimant must file a Release of Notice and Waiver of Lien
- A Notice of Intent to Perform expires after 18 months if no lien is filed
- The Kansas Judicial Council has prescribed forms for both the notice and the release
- Upon filing the release, the claimant's lien rights are extinguished

F. Bond Requirements

Kansas bond provisions under K.S.A. 60-1110 require:
- Bond in a sum not less than the contract price (for general bonds covering all potential liens)
- Or bond in the amount of the claim (for bonds addressing a specific disputed lien)
- Good and sufficient sureties (evaluated by the judge)
- Approved by a judge of the District Court
- Filed with the Clerk of the District Court
- Upon approval and filing, existing liens are discharged

G. Owner's Demand for Release

Under K.S.A. 60-1103b, any owner (or heir, assign, or person acting for the owner) may demand the claimant file a release after payment in full. While there is no statutory penalty for non-compliance, the demand creates a clear record of the obligation to release and supports subsequent court proceedings.

H. Common Pitfalls

1. Filing the release with the Register of Deeds. Kansas liens are filed with the Clerk of the District Court, not the Register of Deeds.
2. Missing the 3-month filing deadline (or 5-month extended deadline for non-residential). Untimely filings are invalid.
3. Forgetting the Notice of Intent to Perform release. After payment, the release must be filed; failure to do so leaves a cloud on title.
4. Insufficient bond amounts. The bond must be at least the contract price (general bond) or the claim amount (specific bond).
5. Not obtaining judge approval for the bond. Unlike some states where bonds are filed administratively, Kansas requires judicial approval.
6. Allowing the 18-month NIP to expire without filing a lien. The Notice of Intent to Perform lapses if no lien is filed within 18 months.

I. Checklist for Releasing a Mechanics' Lien in Kansas

☐ Confirm full payment received and cleared
☐ Prepare Release and Satisfaction (Form 1) or Release of Notice of Intent to Perform (Form 6)
☐ Have the Release verified or notarized
☐ File the Release with the Clerk of the District Court where the lien was filed
☐ Pay the filing fee
☐ Obtain a file-stamped copy
☐ Provide a copy to the property owner
☐ If lien holder refuses to release, send Demand (Form 4)
☐ If demand fails, file Motion to Discharge (Form 5)
☐ Close the lien file

This template is provided for informational purposes only and does not constitute legal advice. Kansas mechanics' lien law, including K.S.A. 60-1101 et seq., is subject to legislative amendment. Consult a qualified Kansas attorney and verify all statutory citations before use.