Summary of Kansas' Foreclosure Laws

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 20 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	No
Redemption after sale	Available within 12 months of sale if property was abandoned; within three months if less than one-third of original debt has been paid (only the owner can redeem for two months—after that, junior lienholders can redeem in place of the homeowner); 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 three months). After a hearing with 21 days’ advance notice is held at homeowner’s request, the court may grant a three-month extension if homeowner loses his or her job after 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