Kansas Waiver of Lien by Automobile or Car Mechanic

State:
Multi-State
Control #:
US-01793BG
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Word; 
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Description

When a tradesman provides materials and services, the law provides him with a lien upon the item that was improved by his skill, materials, and labor. These liens come in two different varieties, the mechanic's lien and the repairman's lien.


A repairman's lien applies only to personal property and is created by long-standing common (judge-made) law. It most commonly arises with motor vehicles, but it applies to all items of personal property. The lien is created automatically when anyone makes repairs to personal property. It exists only as long as the item repaired is in the repairman's possession and the debt is unpaid. The repairman may hold the property until such time as the lien is repaid. This lien even takes priority over the lien held by a bank that financed the item, so that the bank cannot repossess the item from the repairman without first paying the repair bill. This makes sense because it is only fair that the bank pay for the repairs that improved the value of the property is it repossessing.

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FAQ

This document is proof the lien has been released. If you would like to remove the lien holder's name from the title, you must fill out an application for a reissue title (TR-720B) and bring it, along with your current vehicle registration, title and lien release to any one of the tag offices.

Subcontractors and other parties with no direct contract with the owner must file a mechanics lien within 3 months of the date they last furnished labor or services to a project. For non-residential projects, the applicable deadline may be extended to up to 5 months after the last day of work.

The back of title must be completed with purchase price, date of sale, odometer reading, as well as the print and signatures of seller(s) and buyer(s) name. The seller may complete a Power of Attorney, Form TR-41, allowing the buyer to complete the assignment.

The release of lien for a previously issued paper title may be accomplished by attaching this completed form to the title, or by completing the lien release section on the face of the title. The title and/or accompanying release should be forwarded to the person satisfying the lien, or purchasing the vehicle.

Once your car loan is completely paid off, obtain a car title lien release from your lender so your state BMV or DMV can put the car title in your name. The lien removal process varies by state and typically involves completing paperwork and paying a fee for the new car title.

Kansas is a ?lien holding? state. This means that the Kansas Department of Revenue holds the title on any vehicle that is bound by a lien. The lien is not available to the owner until payment is made in full on the purchase price or other loan in which the vehicle is a collateral.

Kansas lien waivers are not required to be notarized in order to be effective.

In Kansas, contractors, subcontractors, and suppliers may be entitled to a mechanics lien if they are not paid for their labor or materials. It's worth noting, however, the suppliers only have lien rights if the materials they supplied were actually used in the project (delivery alone is not sufficient for a lien).

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Kansas Waiver of Lien by Automobile or Car Mechanic