- Who sends it
- The lender's lawyer files the petition; the clerk of the district court issues the summons, and it is served on you with a copy of the petition
- What it starts
- 21 days after service to serve a written answer (at least 41 days if you were served only by newspaper notice)
- Do this first
- Write down the date you were served, count 21 days, and call Kansas Legal Services at 316-267-3975 today
What this document is in Kansas
Kansas Legal Services lists judicial foreclosure as the only process available in Kansas. The lender files a petition, which is its lawsuit, in the district court of the county where the home is. The clerk issues a summons for each defendant, and the summons must be served together with a copy of the petition (K.S.A. 60-301).
The summons is signed by the clerk, dated the day it is issued and carries the court's seal. Kansas uses a summons form set by the Kansas Judicial Council (K.S.A. 60-302).
The petition usually asks the court for a money judgment on the note, a judgment foreclosing the mortgage, and an order that the sheriff sell the home. Other people with liens on the home, such as a second mortgage lender, may be named as defendants too.
What it does and does not mean
- It does not mean you must move. You stay in your home through the court case, and in most cases through a redemption period after the sale.
- It does mean a judge can enter judgment against you if you do not respond in time.
- If you have not appeared in the case, the law does not require the lender to warn you before asking for a default judgment. Written notice of the request, at least 7 days before the hearing, is required only for a party who has appeared (K.S.A. 60-255(a)).
- Answering lets you raise defenses, such as a wrong amount or a missing notice, and keeps you informed of every later step.
The deadline it starts and how to count it
- Serve your answer within 21 days after you were served with the summons and petition (K.S.A. 60-212(a)(1)(A)(i)).
- If you were served only by a notice published in a newspaper, the notice sets the deadline, which must be at least 41 days after the notice first ran (K.S.A. 60-212(a)(1)(A)(ii)).
- How to count: do not count the day you were served. Count every day after that, including weekends and holidays. If day 21 falls on a Saturday, Sunday or legal holiday, the deadline moves to the next business day (K.S.A. 60-206(a)(1)).
- If you file certain motions instead of an answer and the court denies them, your answer is due 14 days after notice of the court's ruling (K.S.A. 60-212(a)(2)).
See how foreclosure works in Kansas for each later step.
What to do this week
- Write the service date and the answer deadline on your calendar.
- Apply to Kansas Legal Services online or at 316-267-3975 and say you have a foreclosure answer deadline.
- If you must respond on your own, the Kansas Judicial Council publishes a free Answer with Defenses form. File your answer with the clerk of the district court and serve a copy on the lender's lawyer named on the petition.
- Keep sending your servicer a complete application for help. Answering the lawsuit and applying for a workout can happen at the same time.
- If you cannot get legal aid, the Kansas Bar Association Lawyer Referral Service can refer you to a private attorney.
- Read how to stop foreclosure in Kansas.
Help and scam warnings
Kansas has no statewide foreclosure mediation program, so the court case moves on its own schedule. Free legal help comes from Kansas Legal Services, which says anyone who charges in advance for foreclosure help is not legitimate.
- Court filings are public. Expect mail from companies offering to save your home. Do not pay upfront fees.
- Never sign over your deed or your redemption rights without advice from legal aid or a lawyer.
- The Kansas foreclosure help page lists more free help.
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 long do I have to answer a Kansas foreclosure lawsuit?
21 days after you are served with the summons and petition (K.S.A. 60-212(a)). If you were served only by newspaper publication, the notice sets the deadline, which cannot be less than 41 days from the first publication.
Will I get a warning before a Kansas default judgment?
Only if you have appeared in the case. K.S.A. 60-255(a) requires written notice of a default request at least 7 days before the hearing for a party who has appeared. If you never respond, judgment can be entered without further notice to you.
Is there a Kansas court form for answering a foreclosure?
Kansas has no form made just for foreclosures. The Kansas Judicial Council's Answer with Defenses form is a general answer form. Kansas Legal Services can help you decide what to include.
Do I have to leave my Kansas home once I am served?
No. You keep possession during the case. Even after a sheriff's sale, Kansas law usually lets you stay during the redemption period (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.
- 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.
- 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.