Can the lender come after you for the rest? Deficiency judgments in Kansas

Deficiency rules in Kansas, point by point

• The balance can be collected

  After the sheriff's sale

  When a judgment orders both a money amount and the sale of the home, and the sale does not cover the debt and costs, an execution may issue for the balance as in other cases.

  K.S.A. 60-2417(b)

• The judge reviews the sale first

  At the confirmation hearing

  The sheriff reports the sale to the court, and the court confirms it only if the proceedings were regular and fair. This is your chance to object to a low price.

  K.S.A. 60-2415(a)

• Fair value protection is up to the judge

  At or before confirmation

  The court may refuse to confirm a sale when the bid is substantially inadequate, may set a minimum price, or may hold a hearing on the home's value and require that its fair value be credited against the judgment. A sale for the full judgment, taxes, interest and costs is treated as adequate.

  K.S.A. 60-2415(b)

• Your home cannot be sold twice for the same debt

  After the sale

  Once real estate is sold under the judgment, it cannot be sold again for any balance due on that judgment or on junior liens filed after the foreclosure petition.

  K.S.A. 60-2414(k)

• Short sale and deed in lieu

  When you sign the agreement

  Kansas has no special statute on deficiencies after a short sale or deed in lieu. The written agreement with your lender controls, so ask that it clearly says the lender waives any remaining balance.

• How long a judgment lasts and how it is collected

  Dormant after 5 years without action

  A judgment becomes dormant and stops being a lien if the creditor does not file a renewal affidavit or start collection within 5 years. Wage garnishment is limited to the lesser of 25 percent of disposable earnings or the amount above 30 times the federal minimum hourly wage per week.

  K.S.A. 60-2403, 60-2310

• If the lender asks the court for a balance

  Before the confirmation hearing

  Gather proof of your home's value and ask the court for a value hearing. Kansas Legal Services or the Kansas Bar Association Lawyer Referral Service, listed on our Kansas foreclosure help page, can help.

The short answer in Kansas

Common questions in Kansas