Foreclosure process in Kansas: steps, timeline, redemption

Is foreclosure judicial in Kansas?

The sale rules I read in the Kansas Code of Civil Procedure work through a court. A foreclosure sale is made under a “special execution or order of sale,” which the clerk issues and a judge signs (K.S.A. 60-2401). The sheriff then reports the sale to the court, and the court must confirm it before the sheriff delivers a certificate or deed (K.S.A. 60-2415). In the statutes I read, I found no provision that lets a lender sell a home without a court order.

If a court case has been filed against you, a defendant must answer within 21 days after being served with the summons and petition. If the court served you by publication, the notice sets the deadline, and it must be at least 41 days after first publication (K.S.A. 60-212(a)).

Timeline step by step

Notice of sale goes in a newspaper in the county where the judgment was rendered and in the county where the land lies (K.S.A. 60-2410(a)). The statute does not describe separate personal notice of the sale to the owner.

Right of redemption

After the sale, the owner can pay to take the property back. The owner pays what the buyer paid, plus the buyer’s allowed expenses for taxes, insurance and preventing waste, plus interest at the rate set in K.S.A. 16-204(e)(1), costs and taxes to the date of redemption (K.S.A. 60-2414(a), (d)). Payment goes to the clerk of the district court (K.S.A. 60-2414(f)).

• Length. 12 months from the day of sale. The court orders 3 months if the default came before one-third of the original loan was paid. A court may extend a 3-month period by 3 months if the owner involuntarily lost their primary source of income after the sale (K.S.A. 60-2414(m)).
• Possession. The owner keeps the right to live in the home during redemption (K.S.A. 60-2414(a)). A court can shorten or end the period after a hearing, on at least 21 days’ notice, if it finds the property abandoned or not occupied in good faith.
• Exclusive window. For the first three months, only the owner can redeem. After that, lien creditors may redeem too (K.S.A. 60-2414(b)).
• No waiver for most homes. A mortgage can waive or shorten the period, but not for single or two-family dwellings that natural persons own and use as a residence, or for farmland (K.S.A. 60-2414(a)).

Deficiency and your remaining debt

If the home sells for less than you owe, the statutes I read do not say the balance is erased. The court can decline to confirm a bid that is substantially inadequate, or require that the property’s fair value be credited against the judgment (K.S.A. 60-2415(b)). A sale for the full judgment, interest, taxes and costs is treated as adequate. Once sold, the same real estate cannot be sold again for a leftover balance (K.S.A. 60-2414(k)). Whether the lender can pursue you personally for the rest depends on your loan documents and the court’s judgment. Ask an attorney; see real estate attorneys in Kansas.

Help for homeowners in default

• Call your servicer early. If you submit a complete loss mitigation application after the first filing but more than 37 days before a sale, the servicer generally may not move for judgment or order of sale, or conduct the sale, until it resolves the application, with limited exceptions (12 CFR § 1024.41(g)).
• Use a HUD-approved housing counselor. HUD lists (800) 569-4287 and the Homeowners Hope Hotline, (888) 995-4673 (HOPE), and says to contact your lender or servicer directly about options. FHA-insured borrowers can also reach the FHA Resource Center at (800) 225-5342.
• I did not find a current Kansas state foreclosure-prevention program I could read and verify, so check with a HUD-approved counselor.

If you want to buy a foreclosed home

The buyer at a sheriff’s sale gets a certificate of purchase, and the deed comes only after the redemption period ends (K.S.A. 60-2410(e), 60-2414(e)). Order a title search first, and read title insurance explained and Kansas seller disclosure. The lead-paint disclosure rule does not apply to foreclosure sales (EPA). For local context, see Overland Park.