- Who sends it
- The district judge signs it and it is filed with the clerk; the lender's lawyer usually prepares it and sends you a copy
- What it starts
- The order of sale and the sheriff's sale, after 3 weeks of published notice
- Do this first
- Find the redemption period in the judgment (12 months, 3 months or other) and call Kansas Legal Services at 316-267-3975
What this document is in Kansas
Under K.S.A. 60-258, no judgment is effective until a journal entry or judgment form is signed by the judge and filed with the clerk. In a foreclosure it usually states the amount due on the loan, forecloses the mortgage and other liens on the home, and orders the property sold.
After judgment, an order of sale is issued by the clerk and signed by a judge, directed to the sheriff (K.S.A. 60-2401). That order is what lets the sheriff advertise and sell the home.
The judgment also sets your redemption period. Under K.S.A. 60-2414, it is usually 12 months from the sale. The court must order 3 months if the default happened before one third of the original loan was paid, but must order 12 months if all mortgages and liens together are less than one third of the home's market value (K.S.A. 60-2414(m)).
What it does and does not mean
- It does not mean the home is sold. The notice of sheriff's sale comes next.
- It does not mean you must move now. You keep possession until the sale, and usually through the redemption period after it (K.S.A. 60-2414(a)).
- For a one or two family home you own and live in, a clause in your mortgage that waives or shortens redemption is void (K.S.A. 60-2410(e), 60-2414(a)).
- If the court finds after a hearing, on at least 21 days' notice, that the home is abandoned or not occupied in good faith, it can shorten or end your redemption period (K.S.A. 60-2414(a)). Living in the home protects you.
- It includes a money amount. If the sale does not cover it, the lender can try to collect the rest (K.S.A. 60-2417(b)). See the Kansas deficiency page.
The deadlines and how to count them
- Sale notice: the sheriff cannot sell until notice has been published once a week for 3 weeks in a row, with the last notice 7 to 14 days before the sale (K.S.A. 60-2410(a)). So the sale is at least about 3 weeks away.
- Redemption: counted from the day of the sale, not from the judgment date (K.S.A. 60-2414(a)).
- Abandonment hearing: if the lender asks to shorten your redemption period, you must get at least 21 days' notice of the hearing.
- Kansas statutes do not set a deadline between judgment and sale. Ask the lender's lawyer or the clerk whether an order of sale has been issued.
What to do this week
- Find the redemption period and the judgment amount in the journal entry. If you cannot tell, ask Kansas Legal Services or the clerk of the district court.
- If you think the 3-month period is wrong because your liens total less than one third of the home's value, talk to a lawyer right away.
- Keep living in the home and keep it in good repair.
- Ask your servicer in writing whether it will still consider a workout, and for a written reinstatement or payoff figure.
- Watch the newspaper, your mail and the court file for the sale notice. Kansas statutes require only published notice of the sale.
- Read what to do when a Kansas sale date is set.
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
Why does my Kansas judgment give me only 3 months to redeem?
K.S.A. 60-2414(m) requires a 3-month period when the default came before one third of the original loan was paid. If you can show all mortgages and liens together are less than one third of market value, the court must order 12 months instead.
Can a Kansas redemption period be made longer?
In one case. If your period is 3 months and you involuntarily lose your main source of income after the sale and before the 3 months end, the court may add 3 more months after a hearing with at least 21 days' notice to all parties (K.S.A. 60-2414(m)).
When does a Kansas foreclosure judgment take effect?
When a journal entry or judgment form is signed by the judge and filed with the clerk (K.S.A. 60-258). The filing date on the document is the date to note.
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.
- 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.
- Certificate of purchaseIn Kansas, when a home sold at a sheriff's sale is subject to redemption, the buyer gets a certificate of purchase. It says the buyer will get a deed unless the home is redeemed. Until then you are entitled to live in the home and can buy it back through the clerk of the district court.