- Who sends it
- The sheriff files the return; the lender's lawyer usually asks the court to confirm and sends you a copy of the motion and the order
- What it starts
- Once confirmed, the sheriff issues a certificate of purchase (or a deed if there is no redemption) and the redemption clock keeps running from the sale date
- Do this first
- Compare the sale price with your home's value and the judgment, and call a lawyer before the confirmation hearing
What this document is in Kansas
Under K.S.A. 60-2415(a), the sheriff must at once make a return of the sale to the court, noting all taxes due. If the court finds the proceedings regular and in line with law and equity, it confirms the sale, has the clerk enter it on the journal, and orders the sheriff to give the buyer a certificate of sale or a deed.
This is the point where the judge reviews the price. Under K.S.A. 60-2415(b), the court may decline to confirm when the bid is substantially inadequate. It may also hold a hearing on the property's value and, as a condition of confirming, require that the fair value of the home be credited against the judgment, interest, taxes and costs.
What it does and does not mean
- Confirmation does not end your right to stay. When the home is subject to redemption, you remain entitled to possession during the redemption period (K.S.A. 60-2414(a)).
- A sale for the full amount of the judgment, taxes, interest and costs is treated as adequate (K.S.A. 60-2415(b)).
- A fair value credit can lower or wipe out a deficiency. Without one, the lender can collect any shortfall (K.S.A. 60-2417(b)). See the Kansas deficiency page.
- If the price was higher than the debt, the extra may be surplus. See the Kansas surplus funds page.
The deadlines and how to count them
- K.S.A. 60-2415 does not set a fixed number of days between the sale and confirmation. Watch your mail and the court file for a motion to confirm and a hearing date.
- Raise any objection before the judge signs the order confirming the sale.
- Your redemption period is counted from the day of the sale, not from the confirmation date (K.S.A. 60-2414(a)).
What to do this week
- Ask the clerk of the district court for the sheriff's return of sale, which shows the sale price.
- Gather proof of your home's value, such as a recent appraisal or sales of similar homes nearby.
- If the bid was far below the home's value and the lender may seek a deficiency, call Kansas Legal Services at 316-267-3975 or a private lawyer about asking for a value hearing.
- If the sheriff's notice did not run as the law requires, tell the lawyer. The court confirms only proceedings that are regular.
- Keep living in the home and keep it in good repair while you plan your redemption or move.
The rest of the Kansas process
See how foreclosure works in Kansas, the timeline, ways to stop it and free help in Kansas.
Common questions
Can a Kansas judge refuse to confirm a foreclosure sale?
Yes. K.S.A. 60-2415(b) lets the court decline to confirm when the bid is substantially inadequate, set a minimum price for a new sale, or require that the fair value of the property be credited against the judgment.
What is a fair value credit in a Kansas foreclosure?
If the court holds a hearing on value, it can require that the home's fair value, rather than a low bid, be credited against the judgment, interest, taxes and costs as a condition of confirming the sale (K.S.A. 60-2415(b)). That lowers any balance you still owe.
Does confirmation of the Kansas sale mean I must move out?
No, if your home is subject to redemption. The buyer gets a certificate of purchase and you keep 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.
- 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.
- 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.