Foreclosure sale date set in Kansas: what you can still do

Options still open before a sale in Kansas

• Confirm the sale is still on

  Now, and again the day before

  The sale is held under an order of sale issued by the clerk of the district court, and the sheriff publishes the notice in a county newspaper for 3 weeks. Call the county sheriff's office or the clerk of the district court with your case number to confirm the date, time and place, and check the court file for any order that cancels or moves it. Some sheriffs also post sale notices on their websites.

  K.S.A. 60-2410(a), (b)

• Get a complete application to your servicer

  More than 37 days before the sale

  If the servicer receives a complete loss mitigation application more than 37 days before the sale, federal rules require it to evaluate you within 30 days. Inside 37 days the servicer may still review you, so send the application anyway and ask in writing that the sale be postponed while it is reviewed.

  12 C.F.R. § 1024.41(c)(1)

• Ask the lender to postpone or accept a reinstatement or payoff

  Before the sale starts

  Call the servicer and the lender's attorney, whose name is on the petition and the sale notice. Ask for a written reinstatement or payoff figure and whether they will hold the sale. Kansas statutes do not give you a right to a postponement, so this depends on the lender agreeing.

• Talk to an attorney about bankruptcy

  The case must be filed before the sale

  Filing bankruptcy puts an automatic stay on the sale. It is a serious step with lasting effects, and a filing made only to buy time can backfire, so get advice from a bankruptcy attorney or Kansas Legal Services first.

  11 U.S.C. § 362(a)

• Challenge the sale at confirmation

  After the sale, before the judge signs the order confirming it

  The sale must be confirmed by the district court. If the bid was substantially inadequate or the notice was not published as required, raise it with the judge before confirmation. The court can order a resale with a minimum price or require a fair value credit.

  K.S.A. 60-2415; K.S.A. 60-2410(a)

• Use the redemption period

  12 months from the sale, or 3 months if the court set the shorter period

  If the sale goes ahead, read your judgment to see how long you have. You can stay in the home during that time and redeem by paying the clerk of the district court the sale price plus interest, costs and taxes. A sale or refinance completed inside the period can fund the redemption.

  K.S.A. 60-2414

Common questions in Kansas