Kansas Foreclosure Laws

According to the laws of foreclosures in Kansas, foreclosures can be administered only through judicial proceedings. The normal processing time in Kansas foreclosure varies from 7-8 months.

Period of Pre-foreclosure

A foreclosure takes place in Kansas only when the borrower or the homeowner is unable to pay his monthly mortgage payment or when the borrower defaults on his loan payment. In such a case, the foreclosure law in Kansas allows the lender to file a petition or complaint in the court that will enable him/her to foreclose the borrower's property.

Once the complaint is filed in the court, the court directs a notice towards the borrower, and it is usually sent by the county sheriff or dispatched by mail. If the borrower is unavailable then the court can direct the county sheriff to publish the foreclosure sales notice in newspapers.

Once the notice from the court is published in newspapers or delivered, the borrower gets a minimum of 20 days within which he/she will have to respond. If the homeowner or borrower is unable to respond during the stipulated time period then the court will pass a judgment ruling the borrower to be at default. In such a situation, the borrower will have not more than 10 days to make the balance amount due payment. If the borrower is unable to make the payment within the 10 days then the foreclosure sale will proceed.

Auction Notice

The Kansas court will order the office of the county sheriff to publish the auction notice in any of the local newspapers at least once in a week for three consecutive weeks. In a period between 7 days and 14 days from the publishing date of the final notice, the county sheriff will order the foreclosure sale. The lender has the right to dictate the bidding price. Once the foreclosure sale is over, the winning bidder will receive a certificate from the county sheriff's office for purchase of the property.

According to the foreclosure law in Kansas, there is a redemption period valid for any borrower and it starts on the date of the sale although the time duration can vary. If the borrower has paid more than 1/3rd of the principal then the redemption period will be for 12 months. But if the borrower has paid any less than 1/3rd of the principal amount then the redemption period will be three months. To redeem the property, the borrower will have to pay not only the winning bid amount but also any interest or fees attached to it.

If you need more information about Kansas foreclosure laws, you should contact a foreclosure lawyer, or contact us so we can recommend one for you.

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