Blair Gisi featured in the USFN June 2021 e-Update
Service by Publication Concerns During COVID
In Kansas over the last several years, even prior to the difficulties caused by COVID-19, there has been a swell of scrutiny surrounding service by publication from title companies and underwriters. The source of this scrutiny stems from K.S.A. §60-309(a) which provides that a judgment entered on service by publication, “may at any time within two years after its entry, move for relief from the judgment and to be allowed to defend.”
The obvious concern is that a property sold under a judgment where plaintiff effected service by publication would be vulnerable. However, the statute also considers that and provides that if sale of the real estate in question is made for value after three months from the date of the judgment, then the motion to set aside the judgment has no effect on the sale.