- Who sends it
- The county sheriff publishes it in a newspaper chosen by the lender; you may or may not also get a copy by mail
- What it starts
- The countdown to the auction, held at the county courthouse unless a judge orders another place
- Do this first
- Confirm the date with the sheriff's office or the clerk of the district court, then call your servicer and legal aid the same day
What this document is in Kansas
Under K.S.A. 60-2410(a), the sheriff cannot sell your home until public notice of the time and place of the sale has been published once a week for 3 weeks in a row. It must run in the county where the judgment was entered and the county where the home is, in a newspaper designated by the party ordering the sale.
The sale is held at the courthouse in the county seat of the county where the judgment was entered, unless a district judge orders it held at the home or another place for good cause (K.S.A. 60-2410(b)).
Kansas Legal Services says notice of the sale must also be sent to the borrower within 5 days of the first advertisement. The statute itself requires only publication, so do not wait for a letter.
What it does and does not mean
- It does not mean you must move out on the sale day. The buyer gets a certificate of purchase, not a deed, when your home is subject to redemption, and you are entitled to stay during the redemption period (K.S.A. 60-2410(e), 60-2414(a)).
- The sale is not final until a judge confirms it. See the order confirming the sale.
- It does mean the lender has a judgment and an order of sale. Options are narrower now, so act quickly.
The deadlines and how to count them
- Three publications, one each week for 3 weeks in a row.
- The last publication must be no less than 7 and no more than 14 days before the sale day (K.S.A. 60-2410(a)). If you see the last notice, the sale is 7 to 14 days away.
- If you have applied for help with your servicer, a complete application received more than 37 days before the sale has federal protection. Inside 37 days, send it anyway and ask in writing for the sale to be postponed.
- No Kansas statute gives you a right to a postponement. A delay depends on the lender agreeing or a court order.
See a Kansas sale date is set for a step-by-step plan.
What to do this week
- Call the county sheriff's office or the clerk of the district court with your case number and confirm the date, time and place.
- Call your servicer and the lender's lawyer named in the notice. Ask in writing for a reinstatement or payoff figure and whether they will hold the sale while a workout is reviewed.
- Call Kansas Legal Services at 316-267-3975. Ask about bankruptcy, the confirmation hearing, and how long your redemption period is.
- Check that the notice ran 3 weeks in a row and that the last one ran 7 to 14 days before the sale. Tell a lawyer if it did not.
- Start planning how you could redeem after the sale, for example by refinancing or selling during the redemption period.
Scam warnings tied to this notice
Published sale notices bring offers from investors and rescue companies.
- Do not pay anyone upfront to stop the sale. Kansas Legal Services says anyone who charges in advance for foreclosure help is not legitimate.
- Be very careful with offers to buy your redemption rights. You may sell them (K.S.A. 60-2414(h)), but whoever holds them is the one entitled to any surplus from the sale. See the Kansas surplus funds page.
- Report scams to the Kansas Attorney General's consumer protection division.
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
Will I get a letter with my Kansas sheriff's sale date?
Do not count on it. K.S.A. 60-2410(a) requires only newspaper publication. Kansas Legal Services says notice is also sent to the borrower within 5 days of the first advertisement, but check the paper, the court file and the sheriff's office yourself.
Where is a Kansas sheriff's sale held?
At the courthouse in the county seat of the county where the judgment was entered, unless a district judge orders it held at the property or another place for good cause (K.S.A. 60-2410(b)). The notice gives the exact place.
Do I have to leave the day after a Kansas sheriff's sale?
Usually no. When the home is subject to redemption, the buyer gets a certificate of purchase, and you are entitled to possession during the redemption period (K.S.A. 60-2410(e), 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.
- 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.