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Kansas Foreclosure Timeline and Laws
| Judicial | Yes | |
| Non Judicial | No | |
| Primary Security | Mortgage | |
| Timeline | 120 Days | |
| Redemption | Yes, 6-12 months |
|
| Notice | Complaint | |
| Deficiency Judgment | Yes |
Kansas Foreclosure Process and Procedure
If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.
Kansas foreclosures are conducted by judicial foreclosure proceedings. Kansas does not allow non-judicial foreclosure proceedings.
Notice Requirements for Foreclosure in Kansas
A notice of sale must be advertised at least once a week for three consecutive weeks in a newspaper of general circulation in the county where the property is located. The last advertisement cannot be published more than fourteen nor less than seven days before the sale. Notice of the foreclosure sale must be sent to the borrower and interested parties at least five days after the first advertisement.
Kansas Deficiency and Anti-Deficiency Laws
The lender may obtain a deficiency judgment if the property is sold at foreclosure auction for less than the loan amount.
Kansas Redemption Rights
Kansas has a post-sale statutory right of redemption. There is a time limit of one year. If the court finds that the property has been abandoned, or is not occupied in good faith, the redemption period may be shortened or eliminated. Except with regard to single-family (or two-family) residential property or agricultural property, the redemption period may be waived in the loan documents by the mortgagor.
Kansas Assistance, Special Programs, Government Help, and Law Updates
Foreclosure Programs:
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Kansas Foreclosure Avoidance Counseling -HUD
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The Home Affordable Mortgage Modification Program
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The Home Affordable Refinance Program
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The Home Affordable Foreclosure Alternatives Program
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FHA Secure
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Hope for Homeowners
Foreclosure Lawyer
Kansas foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.
Legal Answers
- What happens if one bank starts a foreclosure then sells to another bank before foreclosure is complete?
- How long after foreclosure before you receives a 1099?
- What happens to other liens when foreclosure occurs?
- I own a duplex that is being foreclosed on and need the rental units vacated, what should I do?
- What to do if a lender in Florida is charging excessive mortgage and is preventing me to refinance?
