Kansas Foreclosure Law

Kansas foreclosure only follows the judicial foreclosure process and applies to mortgages as the primary security instrument. The average wait time is 120 days or about four months, although proceedings can be longer or shorter depending on the case.

Judicial foreclosure in Kansas involves a lawsuit filed by the lender against the borrower. If the court confirms that the borrower is in default, they issue a court order to foreclose. After foreclosure is declared, the home is sold in a public auction and awarded to the highest bidder.

Before the foreclosure date, the lender must publish a notice of the sale in a local newspaper once a week for at least three successive weeks. The borrower must receive a copy of the notice within five days after the first ad appears. The last ad must be published between seven and 14 days prior to the sale date.

The sale is usually held at the county courthouse in the county where the home is located. Once a winning bidder is identified, he or she will be given a certificate of purchase and a sheriff’s deed, which states that full ownership of the home will be granted after the Right of Redemption period has expired.

The Right of Redemption is a time frame, typically 12 months, after the foreclosure sale during which the borrower can buy back the home. This usually means paying the final sale price, plus interest and attorney’s fees.

The lender can also file a deficiency suit, a personal claim against the borrower for the balance not covered by the foreclosure sale. However, they can only sue for the exact difference between the sale price and the balance on the original mortgage.

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