Kansas Foreclosure Law
- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: No
- Primary Security Instruments: Mortgage
- Timeline: Varies by Process; Usually 120 days
- Right of Redemption1: Yes
- Deficiency Judgments2 Allowed: Yes
Lenders in the state of Kansas may foreclose on a mortgage in default using the judicial foreclosure process.
Judicial Foreclosure
A judicial process of foreclosure requires that the lender file a lawsuit and attain a court order to foreclose on a particular property.
Judicial Foreclosure Procedure
The notice of sale shall be published weekly for three (3) successive weeks, with the final publication being no more than fourteen (14) and no less than seven (7) days prior to the scheduled date of sale. Notice of the sale must also be sent to the borrower within five (5) days of the first announcement.
The sale is usually conducted at the courthouse of the county in which the property resides unless otherwise ordered by the court. The sale is by public auction to the highest bidder. The buyer will receive a certificate of purchase. After the sale is confirmed, the winning bidder will be entitled to receive a sheriff's deed, which will provide good and perfect title, once the borrower’s right of redemption has expired.
The borrower has twelve (12) months from the date of the foreclosure sale to redeem the property. Lenders may sue to obtain a deficiency judgment for the difference between the foreclosure sale price and the amount due on the original mortgage.
1 A borrower’s right to reacquire property lost due to a foreclosure.
2 A personal judgment against the borrower for the remaining balance on the loan after a foreclosure sale.
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