Kansas Laws

The only types of Kansas foreclosures allowed are judicial foreclosures. They begin when the lender files a Notice of Default against a homeowner with the local court. The court must then inform the homeowner of the suit being brought against them, as the homeowner has twenty days in which to contest the default at a court hearing. If the court finds a default has in fact occurred, or the homeowner fails to contest, they will rule in favor of the lender and grant the homeowner a final ten days in which to provide payment of the default amount to the lender. After these ten days are up, the court will order the homeowner's property to be sold at public auction in order to retrieve the debt.

Kansas foreclosure sales must be advertised by placing a Notice of Sale in a local newspaper once weekly for three weeks before the sale. The final Notice must appear one to two weeks before the sale occurs. The court will specify other obligations for the public announcement of the sale, which must be followed.

One the day of the sale, the Sheriff auctions off the property to the highest bidder at the county courthouse, and that person receives a Certificate of Sale.

A homeowner's redemption rights are based on how much of the mortgage loan had already been paid off at the time of the default. If at least 1/3 of the mortgage loan has been paid, the homeowner will be granted up to one full year to redeem ownership by paying the full sale price of the property plus interest. If under 1/3 has been paid, the homeowner will only be granted three months to redeem.

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