- Who sends it
- The sheriff issues it to the buyer after the court confirms the sale; you can get a copy or the amount from the clerk of the district court
- What it starts
- Nothing new: your redemption period already runs from the sale day, usually 12 months or 3 months
- Do this first
- Write down the last day of your redemption period and ask the clerk for the redemption amount
What this document is in Kansas
Under K.S.A. 60-2410(e), when real estate sold by the sheriff is subject to redemption, the sheriff gives the buyer a certificate, on court order, that describes the property and states the amount paid and the costs. It must say that unless the property is redeemed according to law, the buyer will be entitled to a deed.
Under K.S.A. 60-2414(a), you, the defendant owner, may redeem within 12 months from the day of sale, or the shorter period the court ordered under K.S.A. 60-2414(m). In the meantime you are entitled to possession of the home.
What it does and does not mean
- It is not a deed. The buyer does not own the home outright yet.
- You can stay. The Kansas law that gives you possession during redemption is K.S.A. 60-2414(a). Do not move out because a buyer tells you to without checking your judgment or asking legal aid.
- For the first 3 months only you can redeem (the first 2 months if your period is 6 months or less). After that, creditors with liens may redeem, and you can still redeem from them within your period (K.S.A. 60-2414(b), (m)).
- The buyer may pay taxes, insurance and costs to prevent waste and add them, with interest, to what you must pay to redeem (K.S.A. 60-2414(d)). The buyer can also ask the court to stop damage to the home (K.S.A. 60-2414(l)).
- You can sell or transfer your redemption rights (K.S.A. 60-2414(h)). Get advice first.
The deadlines and how to count them
- Count from the day of the sale, not from when the certificate was issued (K.S.A. 60-2414(a)). Use your judgment to see whether you have 12 months, 3 months or another period.
- If your 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 before the 3 months end. The court holds a hearing on at least 21 days' notice (K.S.A. 60-2414(m)).
- If a creditor redeems during your period, you get the rest of your period, and never less than 14 days from the creditor's affidavit filing, to redeem from that creditor (K.S.A. 60-2414(b)).
- At the end of the redemption period, if no one has redeemed, the sheriff signs a deed to the certificate holder (K.S.A. 60-2414(e)). Plan to be out by then.
What to do this week
- Mark the last day of your redemption period on a calendar, with reminders a month and a week before.
- Ask the clerk of the district court for the amount needed to redeem. It is the amount the certificate holder paid, plus interest at the statutory judgment rate, costs and taxes, plus the holder's receipted expenses (K.S.A. 60-2414(a), (d)).
- To redeem, pay the money to the clerk of the district court, who gives a receipt (K.S.A. 60-2414(f)).
- If you plan to refinance or sell to raise the money, start now. Closings take time.
- If you will not redeem, plan your move before the deed date and ask the clerk or a lawyer about any surplus from the sale.
Scam warnings tied to this stage
- Investors may offer to buy your redemption rights cheaply. The holder of those rights is the one entitled to any surplus from the sale, so know what is at stake before you sign. See the Kansas surplus funds page.
- Never sign a deed or quitclaim to someone who promises you can stay and buy the home back later without having a lawyer read it first.
- Free help: Kansas Legal Services at 316-267-3975. The Kansas foreclosure help page lists more.
The rest of the Kansas process
See how foreclosure works in Kansas, the timeline, ways to stop it and free help in Kansas, or read the national guide to this letter.
Common questions
How much does it cost to redeem my Kansas home?
The amount paid by the current certificate holder, plus interest at the statutory rate, costs and taxes to the redemption date, plus taxes, insurance and waste-prevention costs the holder paid as shown by receipts filed with the clerk (K.S.A. 60-2414(a), (d)). Pay it to the clerk of the district court.
Who can redeem a Kansas home after a sheriff's sale?
You, the defendant owner, or anyone you transfer the right to. For the first 3 months, or 2 months if your period is 6 months or less, only you can redeem. After that, lien creditors may redeem too, and you can then redeem from them within your period (K.S.A. 60-2414(b), (h), (m)).
What happens when my Kansas redemption period ends?
If no one has redeemed, the certificate holder or redeeming creditor holds the property absolutely, and the sheriff signs a deed to it (K.S.A. 60-2414(e)). Your right to possession ends then.
Can the buyer make me leave before my Kansas redemption period ends?
Only if a court shortens or ends your period, which requires a hearing on at least 21 days' notice and a finding that the home was abandoned or not occupied in good faith (K.S.A. 60-2414(a)).
Other Kansas letters
- Notice of right to cure defaultKansas requires a written notice of your right to cure only for certain loans: a second or other subordinate mortgage, or a loan made for more than 100% of the home's value that is not federally backed. If you get one, you have 20 days to pay the missed payments and late fees, and the loan goes back to normal.
- Summons and petition (foreclosure lawsuit)In Kansas, a lender can only foreclose on your home by suing you in district court. The case starts when you are served with a summons and a copy of the petition. You have 21 days after service to serve a written answer, or the lender can ask for a default judgment.
- Journal entry of judgment and decree of foreclosureIn Kansas, a judgment is not effective until the judge signs a journal entry or judgment form and it is filed with the clerk. In a foreclosure, it sets the amount owed, orders the home sold by the sheriff, and sets your redemption period after the sale. That period decides how long you can stay.
- Notice of sheriff's saleThe notice of sheriff's sale gives the time and place of the auction of your home under the court's order of sale. Kansas law requires it to be published in a newspaper once a week for 3 weeks in a row. After the sale, the judge must still confirm it, and you usually keep a right to redeem.
- Sheriff's return of sale and order confirming saleAfter the auction, the sheriff reports the sale to the court in a return of sale. The judge then decides whether to confirm it. Before confirmation, you can ask the judge to refuse a very low bid or to credit the fair value of your home against what you owe.