The importance of accurately complying with the Kansas mechanic's lien statute!

Court of Appeals of Kansas.

Douglas BUCHANAN, Appellee,

v.

Jerry W. OVERLEY and Carol J. Overley, Appellants,

and

Community Bank of Wichita, Inc., Appellee.

No. 97,329.

March 7, 2008.

Background: Contractor for construction of single-family home petitioned for foreclosure of mechanic's lien. The District Court, Sedgwick County, Karl W. Friedel, J., ordered foreclosure. Homeowners appealed.

Holding: The Court of Appeals, McAnany, J., held that contractor did not strictly comply with requirement, in mechanic's lien statute, of verifying that the contractor's address, as used by suppliers on a number of the bills in exhibit to lien statement, was sufficient for service of process upon the contractor.

Reversed.