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K.S.A. 58-4301 Motion & Affidavit
(7/1/05)

(Misc. Docket) (Case) (Index of [Lien][Claim] Filing) No. In Re: A Purported Lien or Claim Against (Name of Purported Debtor) In the Judicial District (County) , Kansas

In and For

Motion for Judicial Review of Documentation or Instrument Purporting to Create a Lien or Claim Now Comes
(name)

and files this motion

requesting a judicial determination of the status of documentation or an instrument purporting to create an interest in real or personal property or a lien or claim on real or personal property or an interest in real or personal property filed in the office of the
(filing office and location thereof) and in support of the motion would show the

court as follows: I.
(Name) , movant herein, is the purported obligor or debtor or person who

owns the real or personal property or the interest in real or personal property described in the documentation or instrument. II. On
(date) , in the exercise of the filing officer's official duties as (filing

officer's position), the filing officer received and filed and recorded the documentation

or instrument attached hereto and containing

p a g e s .

S u c h

documentation or instrument purports to have created a lien on real or personal property or an interest in real or personal property against
(name)

, the

purported debtor. III. Movant alleges that the documentation or instrument attached hereto is fraudulent, as defined by subsection (e) of K.S.A. 58-4301 and amendments thereto, and that the documentation or instrument should therefore not be accorded lien status. IV. Movant attests that assertions herein are true and correct. V. Movant does not request the court to make findings as to any underlying claim of the parties involved and acknowledges that this motion does not seek to invalidate a legitimate lien. Movant further acknowledges that movant may be subject to sanctions if this motion is determined to be frivolous. WHEREFORE, Movant requests the court to review the attached documentation or instrument and enter an order determining whether it should be accorded lien status, together with such other orders as the court deems appropriate, including an order setting aside the lien and directing the filing officer to nullify the lien instrument or, if the lien or claim was filed pursuant to the uniform commercial code, an order acting as a termination statement filed pursuant to such code. Respectfully submitted,

(Signature of movant)

(Movant's name & address, typed)

AFFIDAVIT STATE OF KANSAS COUNTY OF ) ) ss: ) , of lawful age, being first duly sworn, states:

(name of affiant)

(Set forth a concise statement of the facts upon which the claim for relief is based).

I further attest that the assertions contained in the accompanying motion are true and correct.
(Signature)

SUBSCRIBED AND SWORN TO before the undersigned on 2 .

(Date) ,

Notary Public My Appointment Expires:

Authority K.S.A. 58-4301. Notes on Use K.S.A. 58-4301 establishes an expedited process for the release of fraudulent liens filed against real or personal property. The statute provides that any person who owns real or personal property or who is the purported 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 as defined in K.S.A. 58-4301(e) may file a motion for judicial review of the status of the lien or claim. A document or instrument is presumed to be fraudulent if it purports to create a lien or assert a claim against property and (1) it is not a document or instrument provided for by the constitution or federal or state law, (2) it is not created by the consent or agreement of the owner or obligor if such consent or agreement is required under state law, or (3) it is not an equitable, constructive or other lien imposed by a court with jurisdiction under the constitution or federal or state law. The motion must be filed with the district court of the county in which the lien or claim has been filed, or with the district court of the county in which the property is situated. There is no time limitation on when such a motion may be filed and there is no filing fee. The motion must be supported by an affidavit setting forth a concise statement of the facts.