How foreclosure works in Kansas

The notices you will receive in Kansas, in order

1. Notice of right to cure (some loans only)

   From the lender or servicer, after you have been in default for at least 10 days

   Kansas requires this written notice only for a second or other subordinate mortgage, or a loan made for more than 100% of the home's value that is not federally guaranteed. It must state the amount and date to cure, and the lender cannot call the whole loan due until 20 days after it is given. If you get one, paying the missed payments and late fees within the 20 days puts the loan back in good standing.

   K.S.A. 9-2201(m); K.S.A. 9-2234

2. Summons and petition

   From the district court, after the lender files the foreclosure case

   The petition is the lender's lawsuit, and the summons tells you the deadline to respond. You must serve a written answer within 21 days after you are served. If you are served only by a notice in the newspaper, the notice sets the deadline, which cannot be less than 41 days after it first runs. Missing the deadline lets the lender ask for judgment without hearing your side.

   K.S.A. 60-212(a)

3. Foreclosure judgment and order of sale

   From the judge, after you fail to answer or the court rules for the lender

   The judgment states what you owe and how long your redemption period will be. The clerk of the district court then issues an order of sale directing the sheriff to sell the home. Read the judgment closely, because the redemption period it sets (12 months, 3 months, or none) controls how long you can stay after the sale.

   K.S.A. 60-2410; K.S.A. 60-2414

4. Notice of sheriff's sale

   Published by the sheriff once a week for 3 weeks in a row before the sale

   The notice runs in a county newspaper chosen by the lender and gives the time and place of the sale. The last notice must appear no less than 7 and no more than 14 days before the sale. Publication is the only notice the statute requires, so do not wait for a letter: check the newspaper, the court file, or the sheriff's office.

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

5. Order confirming the sale

   From the judge, after the sheriff reports the sale to the court

   The sale is not final until the judge confirms it. The judge can refuse to confirm when the bid is substantially inadequate, or can require the fair value of the home to be credited against what you owe. If the price was far too low, this hearing is where to say so.

   K.S.A. 60-2415

6. Certificate of purchase

   Issued by the sheriff to the buyer after the court confirms the sale

   When the home is subject to redemption, the buyer gets a certificate, not a deed. It states that the buyer will be entitled to a deed unless the home is redeemed. While the certificate is outstanding, you are entitled to stay in the home.

   K.S.A. 60-2410(e); K.S.A. 60-2414(a)

7. Sheriff's deed

   Signed by the sheriff when the redemption period ends without a redemption

   The deed transfers the home to the holder of the certificate of purchase. Your right to stay ends at that point, so plan your move before the last day of the redemption period.

   K.S.A. 60-2414(e); K.S.A. 60-2416

The legal steps in Kansas

1. Missed payments and early contact

   Under federal rules, a servicer generally cannot start a foreclosure case until you are more than 120 days behind. Use this time to call your servicer, ask about options to avoid foreclosure, and send in a complete application for help. If your loan is a second mortgage or was made for more than the home was worth, Kansas law may also require a right to cure notice first.

   12 C.F.R. § 1024.41(f); K.S.A. 9-2234

2. The lender files a lawsuit

   The lender files a foreclosure petition in the district court of your county and has you served with a summons. You have 21 days after you are served to file a written answer. If you were served only by a notice in the newspaper, the notice sets the deadline, which must be at least 41 days after it first runs.

   K.S.A. 60-212(a)

3. Judgment and order of sale

   If you do not answer, or the judge rules for the lender, the court enters a foreclosure judgment and orders the sheriff to sell the home. The judgment also sets how long your redemption period will be. If you believe the lender's numbers or paperwork are wrong, this is the stage to raise it with the judge, ideally with a lawyer's help.

   K.S.A. 60-2414

4. Notice of the sheriff's sale

   The sheriff must publish notice of the time and place of the sale once a week for 3 weeks in a row in a county newspaper. The last notice must run no less than 7 days and no more than 14 days before the sale. The published notice is the only notice the statute requires, so watch your mail and the court file closely.

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

5. Sheriff's sale and court confirmation

   The home is sold at public auction, normally at the county courthouse. The sheriff reports the sale to the judge, who must confirm it. The judge can refuse to confirm a sale if the bid is far too low, or can require that the fair value of the home be credited against what you owe.

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

6. Redemption period

   After the sale, the buyer gets a certificate of purchase, not a deed. During your redemption period you are entitled to stay in the home, and you can get it back by paying the sale price plus interest, costs and taxes to the clerk of the district court. The period is usually 12 months, or 3 months if you defaulted before paying one third of the original loan.

   K.S.A. 60-2414(a), (f), (m)

7. Sheriff's deed and moving out

   If no one redeems, the sheriff gives the buyer a deed when the redemption period ends, and your right to stay in the home ends. Plan your move before that date, and talk to legal aid if you get court papers about possession.

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

Common questions in Kansas