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Foreclosure Survival Guide
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Foreclosure Survival Guide (1st Edition)
| Topic | State Rule |
|---|---|
| Common type of foreclosure process | Judicial |
| Time to respond | Homeowner who is personally served with the complaint has 20 days to respond; if notice is only by publication in a local newspaper of general circulation, homeowner has 41 days to respond.
After court issues a foreclosure judgment, foreclosing party must publish a notice of sale at least three times; last publication must be between seven and 14 days before sale date. |
| Reinstatement of loan before sale | No |
| Redemption after sale | Available within 12 months of sale if property was abandoned; within three months if less than one-third of original debt has been paid (only the owner can redeem for two months—after that, junior lienholders can redeem in place of the homeowner); within 12 months if all mortgage debt on property totals less than one-third of the house’s market value (only homeowner can redeem for three months). After a hearing with 21 days’ advance notice is held at homeowner’s request, the court may grant a three-month extension if homeowner loses his or her job after sale. |
| Special protections for foreclosures involving high-cost mortgages | None |
| Special state protections for service members | None |
| Deficiency judgments | Allowed if court confirms that the price paid for property at sale is adequate compared to its fair market value. Sales price that covers foreclosing party’s judgment is considered adequate. |
| Cash exempted in bankruptcy | None |
| Notice to leave after house is sold | New owner does not have to send former owner a notice to terminate. New owner must file a petition for “ejectment,” which is a summary process that typically results in a court order evicting former owner within a week or two. Kan. Stat. Ann. §§ 58-2509, 60-1001 |
| Foreclosure statute | Kan. Stat. Ann. § 60-2410 |