For homeowners facing foreclosure in Kansas, the following is a summary of the state’s foreclosure laws:
Kansas only allows judicial foreclosures, meaning a bank must file a lawsuit in order to foreclose on a home.
Kansas does not allow nonjudicial foreclosures.
Kansas law requires the following notices:
In Kansas, the bank starts the foreclosure by filing a lawsuit in court. The bank will send the homeowner notice of the lawsuit by serving a summons and petition for foreclosure. If bank serves the petition personally, the homeowner has 21 days to respond. If service is by publication, the homeowner has 41 days to respond. When the bank is granted a judgment against the homeowner, the court will order a sale. The bank must publish the notice of the foreclosure sale in a local newspaper.
Kansas Foreclosure Protections
Kansas law provides protections in accordance with the federal Service Members Civil Relief Act.
Reinstatement and Redemption
Kansas law does not allow a homeowner to reinstate the mortgage before the sale, but the contractual terms of the mortgage may grant this right.
Under Kansas law, the redemption period is 12 months after the foreclosure sale.
If the homeowners defaulted on the loan before paying off one-third of the original mortgage debt, the court will restrict the redemption period to three months. The court may make special allowances of three months if the homeowner loses their job during the initial three-month redemption period.
If all mortgages on the residence total less than one-third of the market value of the property, the court will set a 12-month redemption period even if the homeowner has paid less than one-third of the mortgage loan.
Kansas generally allows deficiency judgments, however if the court decides the bid at the foreclosure sale was inadequate it can reject the sale. It can also fix a minimum bid price. An adequate sale amount includes taxes, interest, and costs. Also, if service was by publication, then the bank cannot usually get a deficiency judgment.
The former homeowners can remain on the property throughout the redemption period, but if they exceed this period, the new owner can request a writ of assistance and the sheriff will evict them from the property. For information regarding how to avoid foreclosure in Kansas, visit HUD.gov.