Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: No

–  Primary Security Instruments: Mortgage

–  Timeline: Typically 120 days

–  Right of Redemption: Yes

–  Deficiency Judgments Allowed: Yes

In Kansas, lenders may foreclose on a mortgage in default by using  the judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit  to obtain a court order to foreclose, is used when no power of sale is present in  the mortgage or deed of trust. Generally, after the court declares a foreclosure,  the property will be auctioned off to the highest bidder.

The notice of the time and sale must be advertised once a week  for three (3) consecutive weeks, with the last publication being no more than fourteen  (14) and no less than seven (7) days before the scheduled date of sale. Notice of  the sale must also be sent to the borrower within five (5) days of the first advertisement.

Unless otherwise ordered by the court, the sale is typically held  at the courthouse of the county in which the property resides. The sale is by public  auction to the highest bidder, who will receive a certificate of purchase. After  the sale is confirmed, the winning bidder will be entitled to receive a sheriff’s  deed, which will vest good and perfect title to the foreclosure bidder, once the  borrowers right of redemption has expired. The borrower typically has twelve (12)  months from the date of the foreclosure sale to redeem the property.

Lenders may sue to obtain a deficiency judgment for the difference  between the foreclosure sale price and the amount due on the original mortgage.

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More information on Kansas foreclosure laws.

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