Kansas Foreclosure Laws

When looking for information about foreclosures, keep in mind that every state has its own laws that must be followed. What is true in one state may be different in another. If you do not plan to hire a lawyer, or simply want to find out first-hand what the law is in your state, the best place to look is in your state’s statutes.

Below is a guide to finding Kansas’ foreclosure statutes online, followed by a summary of Kansas’ foreclosure law.

Finding Kansas’ Foreclosure Laws

The citation to Kansas’ foreclosure law is Kansas Statutes Sections 60-2410 through 60-2415.

Take the following steps to find these statutes online:

1.  

   Start at the website of the Kansas Legislature at www.kslegislature.org.
2. Click the “Statute” link on the left-hand side of your screen.
3. Scroll down to and select “Chapter 60. – Procedure, Civil.”
4. Scroll down to and select “Article 24. – Executions and Orders of Sale.”

You should see a list of the sections in Chapter 60, Article 24 of the Kansas Statutes. Click on a section to see its full text.

Summary of Kansas’ Foreclosure Law

Read on for a summary of Kansas’ law governing judicial foreclosures.

Judicial Foreclosure

Judicial foreclosures, in which the lender files a complaint against the borrower in court, are the norm in Kansas. After the lender files the foreclosure complaint with the district court, the borrower has 20 days to respond to the complaint, if the borrower was personally served with the complaint, or 41 days to respond, if the borrower was served by publication. Kan. Stat. Ann. § 60-212. If the court determines that the borrower has defaulted on the mortgage, the court will grant the lender a judgment for foreclosure and sale of the property. The court will then issue a writ of execution to the sheriff, ordering the sheriff to advertise and conduct the sale. The foreclosure sale must be held at the courthouse of the county in which the judgment was rendered. Kan. Stat. Ann. § 60-2410. The court will then confirm the sale and the distribution of the proceeds. Kan. Stat. Ann. § 60-2415.

Notice Requirements

The officer conducting the foreclosure sale of the property must provide notice of the sale. This notice must be given by publication in a newspaper in general circulation in the county in which the property is located, as well as in the county in which the judgment was rendered. Kan. Stat. Ann. § 60-2410. The notice of sale must be published once a week for three consecutive weeks before the date of the sale, with the last publication not less than seven and not more than 14 days before the date of the sale. Kan. Stat. Ann. § 60-2410.

Right to Cure

Kansas law does not provide for a borrower’s right to cure his or her default.

Right of Redemption

A borrower may redeem his or her property within 12 months from the date of the foreclosure sale by paying the purchase price plus expenses, interest, and taxes. This 12-month time period may be shortened or extinguished by the court by giving at least 21 days’ notice to all interested parties, if the property is abandoned or not occupied in good faith. Kan. Stat. Ann. § 60-2414.

If the borrower defaults on the mortgage before the borrower has paid one-third of the debt, the court will order a three-month redemption period rather than the normal 12-month period. However, with at least 21 days of notice to all parties, the court may hold a hearing to see if an extension of the three-month redemption period is warranted. If the court determines that the borrower involuntarily lost his or her primary source of income after the foreclosure sale but before the expiration of the three-month redemption period, the court may extend that redemption period by another three months. Kan. Stat. Ann. § 60-2414.

On a proper showing, the court will order a 12-month redemption period if the outstanding debt is less than one-third of the market value of the property. If the court orders a redemption period of six months or less, the borrower has the exclusive right to redeem the property for the first two months of that redemption period. Kan. Stat. Ann. § 60-2414.

Deficiency Judgments

Deficiency judgments are allowed in Kansas. However, the court may deny confirmation of a foreclosure sale if it deems the sale price to be substantially inadequate. The court can also set a minimum price for a bid in order for the foreclosure sale to be confirmed. Kan. Stat. Ann. § 60-2415.