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.
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.
A copy of the Notice of Sale must also be sent to the borrower no more than five days after the first publication.
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.
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.
Depending upon the size of the mortgage, the borrower has either six or twelve months to redeem the property.
The lender is entitled to sue to receive a deficiency judgment for any difference between the sale price and the amount owed.
Laws: