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Kansas · Weigh your options

How to stop a foreclosure in Kansas

You can stop or slow a Kansas foreclosure at several points: before the lawsuit, during the court case, at the sale confirmation hearing, and even after the sale through redemption. Because every Kansas foreclosure goes through a judge, court deadlines matter as much as anything your servicer tells you. None of these steps is guaranteed to work, and the earlier you act the more of them are open.

Ask for help in Kansas Free HUD counselor: (800) 569-4287

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

Ways to stop or delay a foreclosure in Kansas

  • Apply to your servicer for loss mitigation

    Best before the lawsuit; a complete application more than 37 days before the sale must be reviewed

    Ask your servicer for every option to avoid foreclosure and send a complete application. Kansas has no state mortgage aid open now, so the servicer's own options (repayment plan, modification, deferral) are the main path. A HUD-approved housing counselor or Kansas Legal Services can help you put the application together at no cost.

    12 C.F.R. § 1024.41(c)(1)

  • Cure the default after a right to cure notice

    Within 20 days after the notice is given

    This applies only to subordinate mortgages and loans over 100% of value that are not federally guaranteed. Pay all missed payments and unpaid late fees within the 20 days and the loan is restored as if the default had not happened. The right is available only once on the same loan.

    K.S.A. 9-2234(b), (c)

  • Answer the petition

    Within 21 days after you are served

    A written answer filed with the district court and served on the lender's lawyer keeps the lender from getting a default judgment and gives you a chance to be heard. The Kansas Judicial Council publishes a free Answer with Defenses form. Kansas has no court form made just for answering a foreclosure, so get help from legal aid or a lawyer if you can.

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

  • Ask for a reinstatement or payoff figure

    Any time before the sale, if the lender agrees

    Kansas law gives no general right to reinstate a first mortgage by paying only the missed payments. Many mortgage contracts do, and lenders often accept it. Ask the servicer or the lender's lawyer in writing for the exact amount and the date it is good through.

  • Object at the sale confirmation

    After the sale and before the judge confirms it

    The judge must find the sale regular before confirming it. You can ask the court not to confirm a sale when the bid was substantially inadequate, or to credit the fair value of the home against the judgment. This does not undo the default, but it can lead to a new sale or a smaller debt.

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

  • File bankruptcy

    Before the sale to stop it

    A bankruptcy filing puts an automatic stay on the foreclosure case and the sale. It has serious long-term costs and does not erase the mortgage, so talk to a bankruptcy attorney or legal aid first. The Kansas Judicial Council has a Notice of Bankruptcy form for telling the state court about a filing.

    11 U.S.C. § 362(a)

  • Redeem after the sale

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

    Pay the clerk of the district court the amount the buyer paid, plus interest, costs and taxes, and the home is yours again. You can also sell or refinance during the period and use the proceeds to redeem, since the right can be transferred.

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

What Kansas law gives you

The right to catch up and stop the sale

Limited right

Kansas has no general law that lets you stop a foreclosure by paying only the missed payments. One exception: if your loan is a "covered transaction" under the Kansas Mortgage Business Act (a second or other subordinate mortgage, or a loan made for more than 100% of the home's value that is not federally guaranteed), the lender cannot call the whole loan due until 20 days after giving you a written notice of your right to cure. During those 20 days you can catch up by paying the missed payments and late fees. This right applies only the first time you default on that loan. For other loans, check your mortgage contract, which often has its own reinstatement terms, and ask your servicer for a reinstatement quote.

K.S.A. 9-2201(m); K.S.A. 9-2223; K.S.A. 9-2234

Foreclosure mediation

No statewide program

Kansas has no statewide foreclosure mediation or settlement conference program. The Kansas Judicial Branch's foreclosure self-help information lists forms, legal aid and housing counseling, but no mediation program. Some district courts run mediation programs for evictions, which are different. You can still ask the judge or the lender's lawyer about a settlement talk, and a housing counselor or Kansas Legal Services can help you prepare.

You can stay in the home during redemption

Kansas law says the owner is entitled to possession of the property during the redemption period. A buyer at the sheriff's sale cannot make you leave right after the auction unless the court has shortened or ended your redemption period.

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

Redemption waivers in home mortgages are void

A term in a mortgage that waives redemption is not valid for a one or two family home that you own and live in, or for farm land. Only other kinds of borrowers can agree in the mortgage to a shorter period or none.

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

Judge can reject a low sale price

The court does not have to confirm a sale when the bid is substantially inadequate. It can order a new sale with a minimum price, or hold a hearing on value and require the fair value of the home to be credited against what you owe.

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

Right to cure notice on second mortgages and high loan-to-value loans

Since January 1, 2025, this rule sits in the Kansas Mortgage Business Act. It covers subordinate mortgages and loans made for more than 100% of the home's value (not federally guaranteed loans). The lender must wait 20 days after a written cure notice before calling the loan due. It does not cover an ordinary first mortgage.

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

Extra redemption time after job or income loss

If your redemption period is 3 months and you involuntarily lose your main source of income after the sale, you can ask the court for 3 more months. The court holds a hearing with at least 21 days' notice to all parties.

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

The options your servicer can offer

Common questions in Kansas

Can I stop a Kansas foreclosure by paying what I am behind?

Sometimes. Kansas statutes give a right to catch up only for subordinate mortgages and loans over 100% of value, and only within 20 days of a right to cure notice under K.S.A. 9-2234. For a regular first mortgage it depends on your loan contract and your lender. Ask for a written reinstatement quote.

Is there foreclosure mediation in Kansas?

There is no statewide foreclosure mediation or settlement conference program in Kansas. The Kansas courts' foreclosure self-help information lists forms and legal help but no mediation program. You can still ask the lender's lawyer or the judge about settlement talks.

What happens if I ignore the foreclosure petition in Kansas?

After 21 days from service, the lender can ask the court for judgment without your side being heard. The judgment sets the amount you owe and your redemption period, and the sheriff's sale follows after 3 weeks of published notice. You would still have your redemption rights after the sale, but you lose the chance to challenge the lender's numbers.

Can my mortgage take away my right to redeem in Kansas?

Not for a home you live in. Under K.S.A. 60-2410(e) and 60-2414(a), a waiver of redemption in a mortgage is void for a one or two family dwelling that the owner uses as a residence. Only other borrowers, such as businesses, can agree to a shorter period or none.

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.

Back to the Kansas overview

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Sources for this page

  1. K.S.A. 60-2416, Sheriff's deed as evidence of legality
  2. CFPB, Regulation X, 12 C.F.R. § 1024.41 Loss mitigation procedures
  3. 11 U.S.C. § 362, Automatic stay (Legal Information Institute)
  4. Labette County Sheriff's Office, Notice of Sheriff Sale March 23, 2026 (example of a published sale notice)
  5. K.S.A. 60-2410, Sale of real property under execution
  6. K.S.A. 60-2414, Redemption of real property
  7. K.S.A. 60-2415, Sheriff's return of sale; equity powers of court
  8. K.S.A. 60-2417, Executions in special cases
  9. K.S.A. 60-212, Time to serve a responsive pleading
  10. K.S.A. 9-2201, Kansas Mortgage Business Act definitions (covered transaction)
  11. K.S.A. 9-2223, Applicability of provisions to covered transactions
  12. K.S.A. 9-2234, Cure of default and notice of right to cure
  13. K.S.A. 16a-5-110 (repealed January 1, 2025)
  14. K.S.A. 16a-5-111, UCCC cure of default
  15. K.S.A. 16a-1-301, UCCC definitions (consumer loan excludes loans secured by a mortgage)
  16. K.S.A. 50-1116, Kansas Credit Services Organization Act, citation and scope
  17. K.S.A. 50-1117, Credit Services Organization Act definitions
  18. K.S.A. 50-1118, License required
  19. K.S.A. 50-1126, Fees charged by licensee
  20. Kansas Attorney General, Your Home and Car (I'm facing foreclosure. What can I do?)
  21. Kansas Legal Services, Foreclosure Prevention: KLS can Help
  22. Kansas Housing Resources Corporation, Kansas Homeowner Assistance Fund
  23. Kansas Housing Resources Corporation, Kansas Homeowner Assistance Fund closes (December 15, 2023)
  24. U.S. Department of the Treasury, Homeowner Assistance Fund
  25. Kansas Department of Revenue, Frequently Asked Questions About Homestead
  26. Kansas Office of the State Bank Commissioner, File a Complaint
  27. Kansas Bar Association, Lawyer Referral Service
  28. Kansas Judicial Council, Common Civil Forms