Skip to main content
How to avoidForeclosure
Get help

Kansas · Get help now

How to claim foreclosure surplus funds in Kansas

In a Kansas mortgage foreclosure, the sheriff sells the home and reports the sale to the district court, and the money is handled in that court case. If the home sold for more than the judgment, interest and costs, the extra does not belong to the lender. Other lienholders may be paid first, and what is left belongs to whoever holds the owner's rights. You claim it by asking the court in your foreclosure case.

Free HUD counselor: (800) 569-4287

Reviewed against Kansas law and official sources on October 11, 2026. General information, not legal advice.

Ask for help in Kansas

Free. A person replies with the options and official help that fit. Messages about a scheduled sale are answered first.

For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

Free, and there is nothing to buy. A person reads your message and replies by email, or by phone if you leave a number. We never ask for a fee and we do not sell your details. See the privacy policy.

How to claim surplus funds in Kansas

  1. Find out what the home sold for

    Right after the sheriff's sale

    The sheriff must report the sale to the court, and the court reviews it before confirming it. Ask the clerk of the district court for the sheriff's return and the order confirming the sale, which show the sale price and the amount of the judgment.

    K.S.A. 60-2415

  2. Know who gets paid before you

    The foreclosing lender is paid the judgment, interest and costs first. Lienholders named in the case, such as a second mortgage or a judgment creditor, may claim part of the extra before you. Whatever is left after valid claims belongs to the owner of the redemption rights.

  3. Ask the court to release the money to you

    As soon as the sale is confirmed

    Kansas has no statewide claim form for foreclosure surplus. Ask the clerk of the district court how the money is held in your case, and file a written request, called a motion, asking the judge to pay the surplus to you. A lawyer or Kansas Legal Services can help you prepare it.

  4. Do not sell your redemption rights cheaply

    During the redemption period

    The person who holds the redemption rights is the one entitled to the surplus. The Kansas Attorney General warns that scammers try to buy those rights for very little. Never sign over your rights or a deed before you know how much money is at stake.

    K.S.A. 60-2414

  5. Money nobody claims goes to the State Treasurer

    1 year after the money can be paid out

    Kansas law presumes money held by a court is abandoned one year after it becomes payable, and it is then reported to the State Treasurer. You can search the Treasurer's unclaimed property list for free and claim it yourself.

    K.S.A. 58-3935(a)(10)

  6. Limits on fees to find your money

    Fee deals within 24 months of transfer are void

    Once money is with the State Treasurer, a deal to pay someone to recover it is unenforceable if signed within 24 months after the transfer, and later fees above 15 percent are unenforceable. Kansas has no fee cap for money still held by the court, so be careful with any company that contacts you about surplus.

    K.S.A. 58-3968

  7. Lost your home for unpaid taxes instead?

    Surplus from a county tax foreclosure sale follows a different statute. See the Kansas property tax foreclosure page for how to claim money after a tax sale.

    K.S.A. 79-2803

What Kansas law says about leftover sale money

Surplus after a mortgage foreclosure sale

If the home sells for more than the judgment, interest and costs, the extra money does not belong to the lender. The Kansas Attorney General explains that whoever owns the redemption rights is entitled to this overage, which is one reason scammers try to buy those rights cheaply. The money is handled through the district court case, and other lienholders may claim it first. Ask the clerk of the district court or a lawyer how to file a claim in your case, and do not sign over your redemption rights without advice.

Common questions in Kansas

Is there a deadline to claim foreclosure surplus in Kansas?

No statute sets a short deadline while the money is held in the court case. But once the money can be paid out, Kansas presumes court-held money abandoned after one year and it is sent to the State Treasurer. You can still claim it from the Treasurer after that, so do not pay someone just because they say a deadline has passed.

Does a second mortgage get paid from the surplus before me in Kansas?

It can. Lienholders who were part of the foreclosure case can ask the court to pay their claims from the extra money before it reaches you. Read the judgment in your case and ask the court clerk which claims have been filed.

Can a company charge me to claim my Kansas foreclosure surplus?

You do not need a company to file a claim in your own court case or with the State Treasurer. If the money has gone to the Treasurer, Kansas makes fee deals signed within 24 months unenforceable and limits later fees to 15 percent. Read any contract closely and never sign over your redemption rights.

Step by step

More on foreclosure in Kansas

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Kansas

Property tax foreclosure Claim surplus funds (this page)

Back to the Kansas overview

Free, official, nationwide

Free help anywhere in the country

Sources for this page

  1. K.S.A. 79-2004: Time for payment of real estate taxes; interest
  2. K.S.A. 79-2301: Real estate subject to sale
  3. K.S.A. 79-2302: Listing of real estate subject to sale; notice
  4. K.S.A. 79-2303: Publication of listing; costs
  5. K.S.A. 79-2401a: Redemption of real estate bid off by county
  6. K.S.A. 79-2801: Action to enforce lien for unredeemed real estate
  7. K.S.A. 79-2803: Judgment; redemption before sale; excess paid to owner
  8. K.S.A. 79-2804: Order of sale; notice; deed; possession
  9. K.S.A. 79-2804b: Time limit to challenge tax foreclosure
  10. K.S.A. 79-2804f: Sale of real estate acquired by county
  11. K.S.A. 79-2805: Apportionment of proceeds of sale
  12. K.S.A. 60-2415: Sheriff's return of sale
  13. K.S.A. 58-3935: Property presumed abandoned
  14. K.S.A. 58-3968: Agreement to locate reported property
  15. Kansas State Treasurer: unclaimed property
  16. K.S.A. 60-2410, Sale of real property under execution
  17. K.S.A. 60-2414, Redemption of real property
  18. K.S.A. 60-2417, Executions in special cases
  19. K.S.A. 60-212, Time to serve a responsive pleading
  20. K.S.A. 9-2201, Kansas Mortgage Business Act definitions (covered transaction)
  21. K.S.A. 9-2223, Applicability of provisions to covered transactions
  22. K.S.A. 9-2234, Cure of default and notice of right to cure
  23. K.S.A. 16a-5-110 (repealed January 1, 2025)
  24. K.S.A. 16a-5-111, UCCC cure of default
  25. K.S.A. 16a-1-301, UCCC definitions (consumer loan excludes loans secured by a mortgage)
  26. K.S.A. 50-1116, Kansas Credit Services Organization Act, citation and scope
  27. K.S.A. 50-1117, Credit Services Organization Act definitions
  28. K.S.A. 50-1118, License required
  29. K.S.A. 50-1126, Fees charged by licensee
  30. Kansas Attorney General, Your Home and Car (I'm facing foreclosure. What can I do?)
  31. Kansas Legal Services, Foreclosure Prevention: KLS can Help
  32. Kansas Housing Resources Corporation, Kansas Homeowner Assistance Fund
  33. Kansas Housing Resources Corporation, Kansas Homeowner Assistance Fund closes (December 15, 2023)
  34. U.S. Department of the Treasury, Homeowner Assistance Fund
  35. Kansas Department of Revenue, Frequently Asked Questions About Homestead
  36. Kansas Office of the State Bank Commissioner, File a Complaint
  37. Kansas Bar Association, Lawyer Referral Service
  38. Kansas Judicial Council, Common Civil Forms