Summary of Kansas' Foreclosure Laws

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If you are facing foreclosure in Kansas, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Kansas
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Kansas foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Common type of foreclosure process

Judicial

Time to respond

Homeowner who is personally served with the complaint has 21 days to respond; if notice is only by publication in a local newspaper of general circulation, homeowner has 41 days to respond. After court issues a foreclosure judgment, foreclosing party must publish a notice of sale at least three times; last publication must be between seven and 14 days before sale date.

Reinstatement of loan before sale

Not available (unless permitted by the mortgage)

Redemption after sale

Available within 12 months (less if homeowner abandoned premises). Available within three months if homeowner defaulted on mortgage before one-third of original debt was repaid (only homeowner can redeem for first two months; after that, junior lienholders can redeem in place of homeowner). Available within 12 months if all mortgage debt on property totals less than one-third of the house’s market value (only homeowner can redeem for first three months). Court may extend three-month redemption period by another three months if homeowner loses his or her job after foreclosure sale.

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

None

Deficiency judgments

Allowed if court confirms that the price paid for property at sale is adequate compared to its fair market value. Sales price that covers foreclosing party’s judgment is considered adequate.

Cash exempted in bankruptcy

None

Notice to leave after house is sold

New owner does not have to send former owner a notice to terminate. New owner must file a petition for ejectment, which is a summary process that typically results in a court order evicting former owner within a week or two. Kan. Stat. Ann. §§ 58-2509,  60-1001

Foreclosure statute

Kan. Stat. Ann. § 60-2410

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