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Kansas Foreclosure Law
Foreclosures in Kansas are administered through the courts.
The typical timeline for a Kansas foreclosure is approximately
7-8 months.
Pre-foreclosure Period
In Kansas, the lender may file a request with the court to
foreclose when a borrower defaults on a mortgage. The court
filing is delivered to the borrower, usually by the sheriff or
by mail. If the borrower cannot be located, a notice of the
court filing can be published instead. After the court filing
has been delivered or published the appropriate amount of time,
the borrower has at least 20 days to respond. If the borrower
does not respond, the court can rule the borrower in default.
The borrower then has 10 days to pay the amount due before the
foreclosure sale is scheduled.
Notice of Sale / Auction
The notice of sheriff's sale is published in a local
newspaper once a week for three weeks. Between seven and 14 days
after the final sale notice is published, the sheriff's sale
occurs. The lender dictates the bid price, and the winning
bidder receives a certificate of purchase after the sale. In
Kansas, the redemption period for the borrower begins on the
sale date, but the length of time varies. The redemption period
is 12 months if more than one third of the principal has been
paid. Conversely, most loans default before a significant enough
principal has been paid, making the redemption period only three
months. To redeem, the borrower has to pay the amount of the
winning bid in addition to applicable interest and other fees.
Once the borrower's right of redemption expires, the winning
bidder exchanges the certificate of purchase for the recorded
deed that transfers the ownership.
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