| How Long does foreclosure take in Kansas:
Approximately 120 Days
Judicial Foreclosure Available: Yes
Non judicial Foreclosure Available: No
Preliminary Notices
Advertising
Notice of the time and place of sale must be advertised once a week for three consecutive weeks, with the last publication no more than 14 and no less than 7 days before the foreclosure day.
Mailing
Notice must be sent to the defaulting borrower within 5 days of the first ad.
Sale Procedures
Place
The sale must be at the courthouse, although the district judge may order the sale on the premises or at another location.
Manner
The sale is by public auction to the highest bidder. The sheriff will at once give the buyer at the foreclosure sale a certificate of purchase. The certificate of purchase is all the buyer gets until the borrower's redemption rights expire.
Confirmation
The foreclosure sale must be confirmed by the court after the sale. The court has discretion to refuse to honor the sale and require a minimum bid or force the crediting of the market value against what was owed on the loan. Once confirmed, a sheriff's deed can be issued and it will vest good and perfect title in the foreclosure buyer. However, the court may specify as a condition of confirmation that the redemption period may run first, which is 12 months unless reduced.
Special Procedures
A judgment can stay un-enforced up to 5 years, at which point it becomes dormant, but is subject to revival for another 2 years. Afterward the judgment is barred from enforcement and the court records must reflect that fact.
Deficiency
A deficiency judgment may be obtained for the difference between the foreclosure sale price and the amount due on the loan. Deficiencies are common. However, the court may refuse to confirm a sale where the price is not equal to the judgment, which helps prevent abusive deficiency judgments.
Redemption
The borrower can redeem any real property sold at foreclosure at any time up to 12 months from the date of sale by paying the holder of the certificate of purchase the purchase price plus costs and interest. If the judge finds the property is abandoned or not occupied in good faith, then the redemption period is 6 months. Lien creditors must undertake redemption within 3 months. The former borrower's redemption period may be reduced if the lien is only one-third of the original indebtedness. The 1 year goes down to 6 months. However, the court may conduct a hearing on market value, and if the debt is one third of the court-perceived market value, then 12 month for redemption may be allowed before the court will confirm the sale.
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