Kansas Foreclosure Process and Laws

 


Quick Facts About the Foreclosure Process in Kansas

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

The judicial foreclosure process is the only method that lenders can use to foreclose a mortgage in default in the State of Kansas.

Judicial Foreclosure
The judicial foreclosure process involves obtaining a court order to foreclose when there is no power of sale clause in the mortgage. Once this is approved, the property can then be sold to the highest bidder at an auction.

A notice of sale must be published in the county newspaper once a week for three consecutive weeks. The last ad must not be later than seven days before the sale, and not more than 14 days before the sale. Within five days after the first advertisement is published, a notice must also be sent to the borrower.

The auction will be conducted in the courthouse where the property is located. The winning bidder will receive a certificate of purchase as well as a sheriff’s deed, which will certify complete ownership after the borrower has forfeited his rights of redemption. This usually expires after 12 months starting from the date of the foreclosure sale.

Lenders may sue for a deficiency judgement for the price that is between the foreclosure sale and the original mortgage price.

Foreclosure Avoidance Counseling

HUD-approved housing counseling agencies are available to provide you with the information and assistance you need to avoid foreclosure. As part of President Obama’s comprehensive Homeowner Affordability and Stability Plan (HASP), you may be eligible for a special Making Home Affordable loan modification or refinance, to reduce your monthly payments and help you keep your home.

If you need help understanding the Making Home Affordable programs, you can use this search tool to find a counseling agency in your area that will provide you with free foreclosure prevention services. If you are eligible for the loan modification or refinance program, the counselor will work with you to compile an intake package for your servicer.

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Kansas City Regional Office

400 State Avenue
Room 507
Kansas City, KS 66101-2406

Phone: (913) 551-5644
Email: KS_Webmanager@hud.gov
Fax: (913) 551-5469
TTY: (913) 551-6972

GENE LIPSCOMB

Deputy Regional Director
Jurisdiction: State of Kansas and Western half of Missouri
Office Hours: 8:00 a.m. to 5:00 p.m.
Monday through Friday