Kansas Foreclosure Laws and Procedures

Learn about Kansas foreclosure laws and how the Kansas foreclosure process works.

By , Attorney University of Denver Sturm College of Law
Updated 11/02/2023

Before the foreclosure crisis, federal and state laws regulating mortgage servicers and foreclosure procedures were relatively limited and tended to favor foreclosing lenders. However, many federal and state laws now give protections to borrowers. Servicers generally must provide borrowers with loss mitigation opportunities, account for each foreclosure step, and carefully comply with foreclosure laws.

Also, most people who take out a loan to buy a residential property in Kansas sign a promissory note and mortgage. These documents give homeowners some contractual rights after a mortgage loan default.

So, don't get caught off guard if you're a homeowner behind in mortgage payments. Learn about Kansas foreclosure laws and how the foreclosure process works in Kansas, from missing your first payment to a foreclosure sale.

What Are My Rights During Foreclosure in Kansas?

In a Kansas foreclosure, you'll most likely get the right to:

  • receive notice before the foreclosure in the form of a breach letter
  • apply for loss mitigation
  • get notice of the foreclosure and the chance to respond in court
  • receive special protections if you're in the military
  • pay off the loan to prevent a foreclosure sale
  • redeem the property after the sale, and
  • get any excess money after a foreclosure sale.

Once you understand the foreclosure process and your rights, you can make the most of your situation and, hopefully, work out a way to save your home or at least get through the process with as little anxiety as possible.

What Is Preforeclosure?

The period after you fall behind in payments, but before a foreclosure officially starts, is generally called the "preforeclosure" stage. (Sometimes, people refer to the period before a foreclosure sale happens as "preforeclosure," too.)

Here's generally what happens during the preforeclosure period:

When Can a Kansas Foreclosure Start?

Under federal law, the servicer usually can't officially begin a foreclosure until you're more than 120 days past due on payments, subject to a few exceptions. (12 C.F.R. § 1024.41). This 120-day period provides most homeowners ample opportunity to submit a loss mitigation application to the servicer.

What Is the Foreclosure Process in Kansas?

If you default on your mortgage payments for your home in Kansas, the foreclosure will be judicial.

How Judicial Foreclosures Work in Kansas

A judicial foreclosure begins when the lender files a lawsuit asking a court for an order allowing a foreclosure sale. The lender gives notice of the suit by serving you a summons and complaint. If you're personally served the complaint, you get 21 days to respond by filing an answer; but if the lender publishes notice in a newspaper to serve you, you generally get 41 days to respond. (Kan. Stat. Ann. § 60-212).

If you don't respond to the suit, the lender will ask the court for, and probably receive, a default judgment, allowing it to hold a foreclosure sale. But if you choose to defend the foreclosure lawsuit, the case will go through the litigation process. The lender might then ask the court to grant summary judgment. A summary judgment motion asks that the court grant judgment in favor of the lender because there's no dispute about the critical aspects of the case. If the court grants summary judgment for the lender (or you lose at trial), the judge will enter a judgment and order your home sold at auction.

The lender then publishes a notice of sale about the foreclosure sale at least three times, with the last publication occurring between seven and 14 days before the sale date. (Kan. Stat. Ann. § 60-2410).

How Do Kansas Foreclosure Sales Work?

At the sale, the lender usually makes a credit bid. The lender can bid up to the total amount owed, including fees and costs, or it may bid less. In some states, including Kansas, when the lender is the high bidder at the sale but bids less than the total debt, it can get a deficiency judgment against the borrower. If the lender is the highest bidder, the property becomes "Real Estate Owned" (REO).

But if a bidder, say a third party, is the highest bidder and offers more than you owe, and the sale results in excess proceeds—that is, money over and above what's needed to pay off all the liens on your property—you're entitled to that surplus money.

What Are the Options Available for Borrowers During Foreclosure in Kansas?

A few potential ways to stop a foreclosure and keep your home include reinstating the loan, redeeming the property, or filing for bankruptcy. Working out a loss mitigation option, like a loan modification, will also stop a foreclosure.

Or you might be able to work out a short sale or deed in lieu of foreclosure and avoid foreclosure. (But you'll have to give up your home with a short sale or deed in lieu of foreclosure transaction.)

Reinstating the Loan

While Kansas law doesn't provide the homeowner with the right to reinstate the loan, mortgage contracts often provide a reinstatement right. Check your mortgage to find out if you get the right to complete a reinstatement and, if so, the deadline. Or the lender might permit you to bring the account current.

What Is the Right of Redemption in Kansas?

One way to stop a foreclosure is by "redeeming" the property. To redeem, you have to pay off the full amount of the loan before the foreclosure sale.

Some states also provide foreclosed borrowers a redemption period after the foreclosure sale, during which they can buy back the home. Under Kansas law, the post-sale redemption period varies depending on the circumstances.

  • Generally, the redemption period is 12 months from the sale date.
  • If the borrower defaulted on the mortgage before one-third of the original debt was repaid, the redemption period is three months. The court may extend a three-month redemption period by another three months if the homeowner loses his or her job after the sale and during the initial three-month period.
  • If all mortgage debt on the property totals less than one-third of the house's market value, then the redemption period is 12 months (even if you paid less than one-third of the loan).
  • If a court determines you abandoned the premises, it can shorten these time frames or eliminate the redemption period.
  • Subject to a couple of exceptions (specifically, mortgages covering agricultural lands or mortgages covering single or two-family dwellings owned by or held in trust for natural persons owning or holding such dwelling as their residence), the terms of the mortgage may waive the redemption period or the loan contract can provide for a shortened redemption period. (Kan. Stat. Ann. § 60-2414).

Filing for Bankruptcy

If you're facing a foreclosure, filing for bankruptcy might help. In fact, if a foreclosure sale is scheduled to occur in the next day or so, the best way to stop the sale immediately is by filing for bankruptcy. Once you file for bankruptcy, something called an "automatic stay" goes into effect. The stay functions as an injunction that prohibits the lender from foreclosing on your home or otherwise trying to collect its debt, at least temporarily.

In many cases, filing for Chapter 7 bankruptcy can delay the foreclosure by a matter of months. Or, if you want to save your home, filing for Chapter 13 bankruptcy might be the answer. To find out the options available, speak with a local bankruptcy attorney.

Foreclosure Protections and Military Servicemembers

The federal Servicemembers Civil Relief Act provides legal protections to military personnel facing foreclosure.

Are Deficiency Judgments Allowed in Kansas?

In a foreclosure, the borrower's total mortgage debt sometimes exceeds the foreclosure sale price. The difference between the total debt and the sale price is called a "deficiency." For example, say the total debt owed is $400,000, but the home sells for $350,000 at the foreclosure sale. The deficiency is $50,000.

In some states, the lender can seek a personal judgment against the debtor to recover the deficiency. Generally, once the lender gets a deficiency judgment, the lender may collect this amount—in our example, $50,000—from the borrower.

Deficiency judgments are generally allowed in Kansas.

Kansas Deficiency Judgment Laws

Under Kansas law, the bank can get a deficiency judgment and go after the borrower for the outstanding amount after a judicial foreclosure. But the court may deny confirmation of the sale and order a resale (or it may set an upset price, which must be met; otherwise, it won't confirm the sale) if the price was inadequate compared to the fair market value. A sales price that covers the bank's judgment, taxes, interest, and costs is considered adequate. (Kan. Stat. Ann. § 60-2415).

Also, if the borrowers are served by publication only (rather than personally or posting and mailing), then a deficiency judgment is not allowed. (Kansas Stat. Ann. § 60-307(b)). However, a deficiency judgment is allowed if the borrower submits to the jurisdiction of the court by filing an answer, for example.

What Are the Potential Consequences of Foreclosure?

A foreclosure could result in serious consequences, like lower credit scores, a deficiency judgment (as mentioned), or tax ramifications.

More Foreclosure Information

For more information on federal mortgage servicing laws, as well as foreclosure relief options, go to the Consumer Financial Protection Bureau (CFPB) website.

Read More Articles

Get tips on what to do—and what not to do—if you're facing a foreclosure.

Find out if foreclosures are on the rise.

Getting Help

If you have questions about Kansas's foreclosure process or want to learn about potential defenses to a foreclosure and possibly fight the foreclosure in court, consider talking to a foreclosure attorney. It's also a good idea to talk to a HUD-approved housing counselor about different loss mitigation options.

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