Are you behind in your mortgage payments and facing a foreclosure in Kansas? In this article, you’ll get details about how Kansas foreclosures work, as well as learn about both federal and state laws that protect homeowners during the process.
In most cases, federal mortgage servicing laws prohibit the servicer from starting a foreclosure until the borrower is over 120 days' delinquent on the loan. Federal laws also require the servicer to work with borrowers who’re having trouble making monthly payments in a “loss mitigation” process. “Loss mitigation” is what the mortgage servicing industry calls the process of working with the borrower to avoid a foreclosure.
Foreclosures in Kansas are judicial, which means the foreclosing party (the “bank”) initiates a lawsuit in court to start the process. Here’s what to generally expect if you default on your mortgage payments in Kansas.
The bank officially starts the foreclosure by filing a complaint in court. If you’re personally served the complaint, you get 21 days to respond by filing an answer; but if the bank publishes notice in a newspaper to serve you, you generally get 41 days to respond. (Kan. Stat. Ann. § 60-212).
If you don’t file an answer, the court will likely enter a default judgment against you. But filing an answer could potentially add a few months or even longer to the foreclosure, depending on the strength of your claims. (To get general information about filing an answer to the complaint, read Should You File an Answer to a Foreclosure Lawsuit? To get detailed information about your particular situation, including whether you have any defenses to the foreclosure and how to file an answer, talk to a local lawyer.)
After you respond to the lawsuit by filing an answer, the case will go through the litigation process. The bank might then request the court to grant summary judgment. A summary judgment motion asks that the court grant judgment in favor of the bank because there’s no dispute about the case’s critical aspects.
If the court grants a default judgment or summary judgment for the bank—or you lose at trial—the judge will order the home sold at a foreclosure sale. The bank 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).
Although Kansas law doesn’t give the homeowner the right to reinstate, many mortgages have a provision allowing for it. If you want to reinstate your loan, check your loan documents to find out if you get this right and the deadline for doing so.
In some states, under certain circumstances, the borrower can redeem the property within a specific period after the foreclosure sale. Under Kansas law, the redemption period varies depending on the circumstances.
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).
You can find the foreclosure laws of Kansas in §§ 60-2410, 60-2414 to 2415 of the Kansas Statutes. Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consult with an attorney if you’re facing a foreclosure.
If you're facing a foreclosure in Kansas and want to learn more about the process, including your rights under federal and state law, consider talking to a foreclosure lawyer. To get information about loss mitigation options, speak to a HUD-approved housing counselor.