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Kansas Foreclosure Laws

Judicial Yes
Non-Judicial No
Process Period 130 Days
Sale Publication 21 Days
Redemption Period 365 Days
Sale / NTS Sheriff

Judicial Foreclosures: Before the foreclosure process begins a title search should be carried out. This will determine whether there are any liens senior to the lender. If there are they must be notified before the foreclosure process takes place. If the borrower has defaulted on their mortgage the lender can file a Petition for Mortgage Foreclosure with the court.

If the borrower cannot be found the court allows for service through publication. The borrower has 20 days to respond to the court. If the borrower wishes to contest the foreclosure the parties will enter litigation, and possibly go to trial. Once the decision has been made the borrower has 10 days to pay the amount before the foreclosure sale can be scheduled.

Non-Judicial Foreclosures: In the state of Kansas out-of-court foreclosures are not used.

Sale: Ten days following the judgment, a notice of Sheriff's Sale is published in the local newspaper once a week for three weeks. Anywhere from 7- 14 days following the final publication the sale is held. The lender provides the opening bid, which is usually for the full amount owed, and the person with the highest bid at the sale is given a certificate of purchase.

In the state of Kansas there is a redemption period following the date of sale. Though the length of time varies based on the balance of the loan. If more then one-third of the loan has been paid then the borrower has 12 months to redeem their property. If the borrower has paid less then one-third they have a three-month redemption period.

Additional Information on Kansas Foreclosure