Foreclosure Process and Laws in Kansas

If you've fallen behind on your mortgage payments in Kansas, understanding what comes next can make a big difference. In Kansas, the foreclosure process doesn't happen overnight. Because it's a "judicial" foreclosure state (meaning, foreclosures to through court), the process will take some time, and you'll get some important legal protections and opportunities along the way.

Kansas foreclosure law specifies how foreclosures work, and both federal and state laws give you rights and protections throughout the process. In this article, we'll break down how foreclosure works in Kansas, what your rights are, and what steps you can take to protect your home.

What Are My Foreclosure Rights in Kansas?

Both federal and state laws govern foreclosure procedures in Kansas, and your mortgage contract gives you rights during the process.

Your Mortgage Rights in Kansas

When you get a loan to buy residential real estate in Kansas, you'll likely sign two documents: a promissory note and a mortgage.

• Promissory note. The promissory note is the document that contains your promise to repay the loan along with the repayment terms.
• Mortgage. The mortgage is the document that gives the lender a security interest in the property. If you fail to make the payments, the mortgage gives the lender the right to foreclose and sell the home auction so it can recover the money it loaned you.

You also get rights under the promissory note and mortgage. For example, if you're late making your monthly payment, most promissory notes provide a grace period of ten to fifteen days before you'll incur late charges. To find out the grace period in your situation and the amount of the late fee, check the promissory note.

If you default on payments, most mortgages require the lender to send you a breach letter (a preforeclosure notice) before officially starting a foreclosure. This notice tells you that the loan is in default. If you don't cure the default, the lender can accelerate the loan (call it due) and proceed with the foreclosure.

Your Rights Under Federal Foreclosure Laws

In most cases, federal mortgage servicing laws require the servicer to contact you (or attempt to contact you) by phone to discuss foreclosure alternatives, called "loss mitigation" options, no later than 36 days after a missed payment and again within 36 days after each following missed payment. (12 C.F.R. § 1024.39 (2025).)

No more than 45 days after a missed payment, the servicer must let you know in writing about loss mitigation options that could be available and assign personnel to help you. There are a couple of exceptions to these requirements, like if you file for bankruptcy or tell the servicer not to contact you under the Fair Debt Collection Practices Act. (12 C.F.R. § 1024.39) (2025).)

Federal law also generally requires the servicer to wait until the loan is over 120 days delinquent before officially starting a foreclosure. But in a few situations, like if you violate a due-on-sale clause or if the servicer is joining the foreclosure action of a superior or subordinate lienholder, the foreclosure can begin sooner. (12 C.F.R. § 1024.41(2025).)

Protections If You're in the Military

If you're in the military, the federal Servicemembers Civil Relief Act provides certain legal protections against foreclosure.

Additional Foreclosure Rights in Kansas

In addition, you have the right to:

• receive notice of the foreclosure and the opportunity to file an answer
• pay off the loan to prevent a foreclosure sale
• redeem the property after the sale, and
• get any excess proceeds ("surplus funds") following a foreclosure sale.

Is Kansas a Judicial Foreclosure State?

Yes. Kansas is considered a judicial state—foreclosures go through court.

What Are the Steps in the Kansas Foreclosure Process?

Again, Kansas requires the lender to file a lawsuit in court to foreclose. (Kan. Stat. § 60-601 (2025).) The lender gives notice of the suit by serving you a summons and complaint. If the petition is personally served, the borrower gets 21 days to respond. (Kan. Stat. § 60-212 (2025).) But if service is by publication, the borrower gets 41 days to respond. (Kan. Stat. § 60-307 (2025).)

What Happens If You Do—or Don't—File an Answer

If you fail to answer the court action, the lender can get a default judgment from the court. The judgment will give the lender permission to hold a foreclosure sale.

But if you respond to the lawsuit by filing an answer, the case will go through the litigation process. The lender might then request the court to grant summary judgment. A summary judgment motion asks that the court grant judgment in favor of the lender because there's no dispute about the case's critical aspects. If the court grants summary judgment for the lender or you lose at trial, the judge will order the home sold at a foreclosure sale.

The lender must publish the notice of the sale in a newspaper. (Kan. Stat. § 60-2410 (2025).)

Foreclosure Auctions in Kansas

The process ends with a foreclosure sale. The lender usually makes a bid on the property using a "credit bid" rather than bidding cash. With a credit bid, the lender gets a credit up to the amount of the borrower's debt. The highest bidder at the sale becomes the new owner of the property. The court must confirm the sale. (Kan. Stat. § 60-2410 (2025).)

If the sale results in surplus funds (more than what you owe on the mortgage and other liens), you can claim that money.

Eviction After Foreclosure

The new owner (usually the foreclosing lender) doesn't have to send the former owner a notice to terminate. After the redemption period, the bank can get a writ of assistance as part of the foreclosure action commanding the sheriff to forcibly remove the former owner.

What Options Are Available to Borrowers During Foreclosure?

You might be able to prevent a foreclosure sale by reinstating the loan (in some cases), redeeming the property before or after the sale, filing for bankruptcy, or working out a loss mitigation option, like a loan modification, short sale, or deed in lieu of foreclosure.

Reinstating the Mortgage Before the Foreclosure Sale in Kansas

"Reinstating" is when the borrower brings the loan current by paying the missed payments (principal and interest), plus fees and costs. Completing a reinstatement will stop the foreclosure.

Kansas law doesn't provide a borrower with the right to reinstate the mortgage before the sale. However, the terms of the mortgage you signed when you took out the loan might provide this right (many do). Review your loan paperwork to find out if you get the right to reinstate and the deadline for doing so.

Filing for Bankruptcy

If you're facing a foreclosure, filing for bankruptcy might help. Once you file for bankruptcy, something called an "automatic stay" goes into effect. The stay functions as an injunction prohibiting the lender from foreclosing on your home or trying to collect its debt, at least temporarily.

In many cases, filing for Chapter 7 bankruptcy can delay the foreclosure by a matter of months and eliminate other debts. But if you're behind in mortgage payments when you file, you won't be able to keep your home. To stay in your house, you must be current on payments and be able to protect your equity with an exemption. However, you won't owe anything after foreclosure because Chapter 7 erases mortgage debt.

If you want to save your home and you're behind in payments, filing for Chapter 13 bankruptcy might be the answer. To find out about the options available, speak with a local bankruptcy attorney.

Redemption Period After a Foreclosure Sale in Kansas

In all states, you get the right to redeem the property before a foreclosure sale by paying off the entire mortgage loan.(However, in practice, borrowers rarely redeem prior to a foreclosure sale. Most homeowners facing foreclosure lack the financial means to pay off the entire loan balance, plus additional fees and costs.)

Some states, including Kansas, also have a law that gives a foreclosed homeowner a redemption period after a foreclosure sale.

Generally, the Redemption Period After the Sale Is 12 Months

Under Kansas law, the redemption period is generally 12 months after the foreclosure sale. (Kan. Stat. § 60-2414(a) (2025).)

Three-Month Redemption Period for Borrowers Who Paid Less than 1/3 of the Mortgage Debt

If you defaulted on the loan before paying off one-third of the original mortgage amount, the court will limit the redemption period to three months. The court may increase the redemption period by three months if you involuntarily lose your primary source of income during the initial three-month redemption period. (Kan. Stat. § 60-2414(m) (2025).)

Twelve-Month Redemption Period Based on Total Mortgage Debt

Even if the borrower paid less than one-third of the mortgage loan, if the outstanding amount for all mortgages on the home totals less than one-third of the market value of the property, the court will set a 12-month redemption period. (Kan. Stat. § 60-2414(m) (2025).)

Redemption Period for Abandoned Homes

If a court determines that you abandoned the home, it can further shorten these time frames or eliminate the redemption period altogether. (Kan. Stat. § 60-2414(a) (2025).)

Waiving the Redemption Period

Except for mortgages covering agricultural lands or mortgages covering single or two-family dwellings owned by or held in trust for natural persons owning or holding such dwelling as their residence, the terms of the mortgage can waive the redemption period or may provide for a shortened redemption period. (Kan. Stat. § 60-2414(a) (2025).)

Deficiency Judgment Following a Foreclosure Sale in Kansas

Sometimes, a foreclosure sale doesn't bring in enough money to pay off the full amount owed on the loan. The difference between the sale price and the total debt is called a "deficiency balance." Many states, including Kansas, allow the lender to get a personal judgment, called a "deficiency judgment," for this amount against the borrower.

Deficiency judgments are generally allowed in Kansas. But if the court determines that the bid at the foreclosure sale was substantially inadequate, it can refuse to confirm the sale. It can also fix a minimum or upset price. A sale for the full amount of the judgment, taxes, interest, and costs is considered adequate. (Kan. Stat. § 60-2415(b) (2025).)

Also, if service was by publication, then the lender can't get a deficiency judgment unless the borrower enters an appearance in the foreclosure, like by filing an answer. (Kan. Stat. § 60-307(b) (2025).)

What Are the Possible Consequences of Foreclosure?

The main consequence of foreclosure, other than losing your home, is that your credit scores will fall. The foreclosure will remain in your credit history for seven years, making it challenging to get future loans or credit at a low interest rate.

Also, in some cases, you might face a deficiency judgment (see above) if the foreclosure sale doesn't cover the outstanding debt. You might also have trouble finding new housing because of your credit history.

Resources for Kansas Homeowners Facing Foreclosure

Homeowners in Kansas who are behind in mortgage payments have several resources available to help them deal with foreclosures.

• A good first step is to contact a HUD-approved housing counselor, who can provide free advice on foreclosure alternatives, such as loan modifications, and budgeting. You can find a counselor by visiting hud.gov or calling HUD at 800-569-4287.
• Kansas Legal Services is another valuable resource, offering free or low-cost legal assistance to qualifying homeowners. In some cases, they can help with foreclosure defense, understanding legal notices, and negotiating with lenders.

Getting Help from a Kansas Foreclosure Lawyer

Foreclosure laws are complicated. Servicers and lenders sometimes make errors or forget steps. If you think your servicer or lender failed to complete a required step, made a mistake, or violated state or federal foreclosure laws, you might have a defense that could force a restart to the foreclosure, or you might have leverage to work out an alternative. Consider talking to a local foreclosure attorney or legal aid office to learn about your rights. A lawyer can also tell you about different ways to avoid foreclosure.