Kansas Foreclosure Law

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Kansas Foreclosure Laws

Typical Kansas Foreclosure Time Frame – Typical Kansas foreclosure time is around 120 days.

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – No

Types of Security Instruments – Mortgage

Right of Redemption Period – Depending on amount of mortgage, 6 months or 12 months.

Kansas foreclosure laws require lenders to sue the borrower in order to obtain a court order to foreclose on a defaulted mortgage.  A non-judicial foreclosure is not an option under Kansas foreclosure law.

Once the Order to Foreclose has been issued by the courts a Notice of Sale is required to be published in the local public newspaper at least once a week for a minimum of three consecutive weeks.  The last publication must be no later than 7 day and no sooner than 14 days before the scheduled date of the sale in addition.

Kansas foreclosure laws require the sale to take place at the county courthouse and also require either a sheriff or an officer of the court to preside over the sale.  At the time of the completion of the sale, the high bidder will receive a Certificate of Purchase.

Once the high bidder has received a Certificate of Purchase, the Kansas courts must confirm the sale.  Once this occurs a Sheriff’s Deed will be issued that gives title of the property to the high bidder upon the right of redemption period expiring.  This requires that full rights of the property not be vested in the high bidder until after all rights of the borrower to redeem the property have expired fully.

According to Kansas foreclosure law, the lender is allowed to sue for a deficiency judgment if the property does not sell for enough to satisfy the mortgage that was owed.  In order to obtain a deficiency judgment the lender must sue the borrower in court.

For more information on Kansas foreclosure laws click here.

 

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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.