Utility Trailers of Wichita, Inc. v. Citizens National Bank & Trust Co.
Citation: 11 Kan.App.2d421,726P.2d282 (1986) · Decided: 1986-08-21 · Court: Kansas Court of Appeals. Full reporter opinion retrieved from the Caselaw Access Project; this is an unofficial host of primary judicial text, with the original JSON preserved.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/kan-app-2d/11/cases/0421-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Facts
Repair er held mechanic liens on refrigerated trailers. Bank sold competing collateral without repairer notice/buyer disclosure. Trial court awarded repairer damages. Separate repair charges concerned filing after an earlier release of possession.
Holding And Reasoning
Reversed/remanded for judgment for bank. Under then 84-9-504(3), recording lien did not substitute for written claim notice to foreclosing creditor; bank had no affirmative search duty and no duty here to notify/disclose buyer. No corresponding bad faith shown. Valid superior mechanic lien survived junior bank sale and remained enforceable against buyer. Earlier repair lien filed after then 45 days from actual release was invalid; later work on claimed continuing contract did not restart possessory filing period. Never-possessed branch distinguished. Repair er appellate fees/costs denied.
Practical Impact And Verified Treatment
Current 58-201 period is 90 days. Revised 84-9-611 now requires specified nonconsumer notices to filed/title-perfected claimants with a search safe harbor; do not restate old no-search rule as current.84-9-617 retains senior/subordinate discharge distinction.
Primary decision: 11 Kan.App.2d421,726P.2d282 (1986). Current statutes/later primary treatment: 58-201, 58-202, 84-9-611, 84-9-617.
Status Boundary
The complete holding and the stated statutory/later-opinion treatment are verified. This is not a comprehensive still-good-law certificate or an assertion that every later citing decision has been reviewed. No negative-treatment conclusion is inferred from an empty search. The cited older provisions apply only to the historical transaction unless current text is separately identified.
Applies In
kansas · court-ordered-administrative-and-creditor-sales
Legal information, not legal advice. Verify the current primary authorities and actual transaction/order before acting.