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The Non-Judicial Foreclosure process is very rarely used in Kansas. The more common procedure is for the lender to use the Judicial Foreclosure process and sue the borrower to obtain a court order to foreclose.
Once the order to foreclose is issued, a notice of sale must be published for three (3) consecutive weeks. The final publication of the notice can not be less than seven (7) days and more than fourteen (14) days prior to the sale date. A copy of the notice of sale must be sent to the borrower no more than five (5) days after the first day it is published.
The sale of the property will take place at the county courthouse in which the property is located, unless the court orders otherwise. Either the county sheriff or an officer of the court conducts the public auction of the property.
The high bidder at the auction receives a certificate of purchase for the property. A sheriff's deed to the property will not be conveyed until the confirmation of the sale. The sheriff's deed vests good and perfect title to the purchaser upon the expiration of the borrower's redemption period.
The borrower is entitled to a six (6) or twelve (12) month redemption period, depending on the size of the property. If the property's auction price does not cover the balance due on the loan plus costs, the lender has the right to sue the borrower for a deficiency judgment
The lender has the right to sue the borrower, but only if the borrower was personally served with the complaint and did not respond to the complaint. |
