60-2406. Sale subject to liens. The interest of a judgment debtor in property, either real or personal, may be levied upon and sold on execution subject to liens or encumbrances already existing. If the holder of a lien or other security interest in tangible personal property asserts a right of possession thereto and does not consent to an execution sale subject to his or her interest, the sale shall not be completed unless for an amount in excess of such senior interest as determined by the court, and in such event the property shall be delivered by the officer to the lienholder entitled to the same. If the sale is completed, the net proceeds thereof shall be applied to the satisfaction of the senior interest in full and the balance applied to the judgment debt.
History: L. 1963, ch. 303, 60-2406; Jan. 1, 1964.
Structure Kansas Statutes
Article 24 - Executions And Orders Of Sale
60-2404 Revivor of dormant judgment.
60-2405 Substitution of judgment creditor.
60-2406 Sale subject to liens.
60-2407 Levy on property claimed by third person.
60-2409 Notice of sale of personal property; resale.
60-2410 Sale of real property under execution.
60-2411 Printer's fees advanced.
60-2412 Restriction on purchasers.
60-2413 Contribution between joint obligors.
60-2414 Redemption of real property.
60-2415 Sheriff's return of sale.
60-2416 Sheriff's deed as evidence of legality; sufficiency of order.
60-2417 Executions in special cases.
60-2418 Judgment liens; revival of judgment.