Statute 61-3703: Sale of property to satisfy judgment for
foreclosure of security interest.
(a) Any
sale conducted under the provisions of this section shall be subject
to the provisions
of
K.S.A. 60-2406, and amendments thereto, except that the disposition of
proceeds after the
satisfaction of senior
security interests or liens shall be made in accordance with the provisions of
K.S.A. 61-3705, and amendments thereto.
The officer who shall be directed to sell the personal property,
before the officer
proceeds to sell the same, shall cause public notice to be given of the time
and
place of sale, at
least 10 days before the day of sale. The notice shall be given by publication
at least once
each week for two consecutive weeks in any newspaper published in the county,
and which
is qualified to carry legal publications, or, in the discretion of the court,
by posting notices in
five public places in the county, one of which shall be on a bulletin board
established for
public notices in the county courthouse. Within five days of the date of first
publication or posting of notice, plaintiff shall send by restricted mail a
copy of such notice to the defendant
and to those persons known by the plaintiff to have a security interest in the
property. Such
notice shall be sent to the last known address of the person to whom sent and
shall be in
compliance with paragraph (26) of K.S.A. 84-1-201, and amendments thereto. If
the personal property cannot be sold at the special
execution sale for want of bidders, the plaintiff may direct the officer to
return the special
execution showing that fact or, at the plaintiff's option, may report the same
to the judge
and obtain an order permitting a second sale under the same special execution
and an
extension of the return day of the special execution if that be necessary.
(b) If the personal property to be sold shall consist of more than one item
of property, the
appropriate officer conducting such sale shall sell only so much of the
personal property in the officer's
custody as is necessary to satisfy the judgment, interest and costs, and shall
return the balance
of any property remaining unsold to the defendant by notifying the defendant of
the time and
place when same may be obtained.
(c) Neither the officer conducting the sale nor any other member of the
officer's staff may bid at
any such sale.
(d) The provisions of K.S.A. 60-2411, and amendments thereto, relating to
advancement of printer's fees shall apply to
this section.
History: L. 2000, ch. 161, § 75; Jan. 1, 2001.