If you are about to go through, or think you may go through, a foreclosure in Kansas, you are probably wondering how the process works and what to expect. For instance, you may be wondering what foreclosure notices are required in Kansas, whether you can reinstate your mortgage before the sale by catching up on the past-due amounts, if the lender can get a deficiency judgment against you, and more. Below you can find a summary of some of the key points of Kansas foreclosure law along with citations to the statutes so you can look up and review the law yourself.
The citations to Kansas’ foreclosure statutes are: Kansas Statutes Annotated Sections 60-2410, 60-2414, and 60-2415.
We’ve summarized important parts of Kansas’ foreclosure laws below. You can find more detailed articles on various aspects of Kansas foreclosure law in Nolo’s Kansas Foreclosure Law Center.
Kansas foreclosures are judicial, which means they go through the state court system. (Learn more about judicial foreclosures.)
In Kansas, the lender starts the foreclosure by filing a lawsuit in court. The lender will give the borrower notice of the lawsuit by serving a summons and petition for foreclosure (also called a "complaint"). (Learn more about the difference between a foreclosure summons and complaint.) If the petition is personally served, the borrower gets 21 days to respond. Kan. Stat. Ann. § 60-212. If service is by publication, the borrower gets 41 days to respond. Kan. Stat. Ann. § 60-307.
When the foreclosing party gets a judgment against the borrower, the court will order a sale. The lender must publish the notice of the sale in a newspaper. Kan. Stat. Ann. § 60-2410.
“Reinstating” is when you catch up on the defaulted mortgage's missed payments (plus fees and costs) in order to stop a foreclosure. (Learn more about reinstatement to avoid foreclosure.)
Kansas law does not provide a borrower with the right to reinstate the mortgage before the sale, but the terms of the mortgage contract may provide this right.
In some states, you can redeem (repurchase) your home within a certain period of time after the foreclosure. Under Kansas law, the redemption period is generally 12 months after the foreclosure sale (or less if a court finds that the homeowners abandoned the home). Kan. Stat. Ann. § 60-2414(a).
However, if the homeowners 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 the homeowner loses his or her job during the initial three-month redemption period. Kan. Stat. Ann. § 60-2414(m)).
Even if the homeowners paid less than one-third of the mortgage loan, if all mortgages on the home total less than one-third of the market value of the property, the court will set a 12-month redemption period. Kan. Stat. Ann. § 60-2414(m). (To get details on redemption rights in Kansas, see Nolo’s article If I lose my home to foreclosure in Kansas, can I get it back?)
When the total mortgage debt exceeds the foreclosure sale price, the difference is called a “deficiency.” Some states allow the lender to seek a personal judgment (called a “deficiency judgment”) against the borrower for this amount, while other states prohibit deficiency judgments with what are called anti-deficiency laws.
Deficiency judgments are generally allowed in Kansas. However, 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. Kansas Stat. Ann. § 60-2415(b).
Also, if service was by publication, then the foreclosing party cannot get a deficiency judgment (unless the borrower enters an appearance in the foreclosure, by filing an answer, for example). Kansas Stat. Ann. § 60-307(b). (For a summary of the deficiency law in Kansas, see Kansas Laws on Post-Foreclosure Deficiency Judgments.)
The former homeowners can stay in the home through the redemption period. If they still occupy the property after the redemption period expires, the purchaser can get a writ of assistance and the sheriff will remove them from the property.