Kansas Foreclosure Laws
Attorney General's Office
Kansas Judicial Center
2nd Floor
Topeka, KS 66612-1597
Ph: (913) 296-2215
Fax: (913) 296-6296
Foreclosure Laws in Kansas
Judicial Foreclosure: Yes
Non-Judicial Foreclosure: No
Security Instruments: Mortgage
Right of Redemption: Yes. 3-12 Months
Deficiency Judgments: Yes
Time Frame: 120 Days
Public Notice: Complaint
The lender must sue (Judicial Foreclosure) to obtain a court order to foreclose.
Non-Judicial foreclosure is rarely used in Kansas.
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Once the order to foreclose is issued, a Notice of Sale must be published for three
consecutive weeks with the last publication no more than 14 days and no less than
7 days prior to the scheduled sale date.
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A copy of the Notice of Sale must also be sent to the borrower no more than five
days after the first publication.
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Unless otherwise ordered by the court, the sale will take place at the courthouse
of the county in which the property is located. The sale will be a public auction
held by the sheriff and/or an officer of the court. The successful bidder will receive
a certificate of purchase.
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Following confirmation of the sale by the court, a sheriff’s deed. That deed will
vest good and perfect title to the property to the successful bidder upon expiration
of the borrower’s right of redemption.
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Depending upon the size of the mortgage, the borrower has either six or twelve months
to redeem the property.
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The lender is entitled to sue to receive a deficiency judgment for any difference
between the sale price and the amount owed.
Laws: