Kansas Mortgage Foreclosure Process and Timeline
The standard Kansas mortgage Foreclosure Process and Timeline for an uncontested foreclosure is set forth below. Please be advised that an uncontested foreclosure is a foreclosure action in which the borrower does not file a response and allows the lender to proceed with the foreclosure. It can take between 6-18 months to remove a borrower from a property through an uncontested foreclosure action.
The borrower fails to make a payment and/or violates a term of the mortgage.
Notice of Default
The Lender send the borrower a written letter that states that the borrower is in default under the mortgage and states that if the borrower fails to pay the full past due amount (or otherwise cure the default), the entire balance of the loan will be due and the Lender may file a foreclosure
Title Search/Military Search
Most mortgages require that thirty-days written notice be provided to the borrower prior to the filing of the foreclosure action. If the borrower pays during this period, the foreclosure is stopped. As such, our firm generally does not take any action until the notice period is completed. Once the notice period is completed, we will purchase a title report to ensure that all parties with a potential interest in the home have been identified. We will also conduct a search to determine if the borrower(s) is an active duty military member as there are restrictions on foreclosures for active duty veterans.
Filing the Foreclosure
Once the title search and military search have been completed, we will prepare the paperwork to file the eviction action. All parties with an interest in the property, including the borrower, any second lienholders, or the homeowners association must be named in the action.
We will then request permission from the court to publish a notice in the newspaper for the purpose of providing notice to any unknown people who may be residing in or have a claim to ownership of the property.
The borrower will generally have 21 days to respond to the foreclosure by filing an answer that denies that the payments are past due. Additionally, any parties that were notified of the action through the newspaper publication have 45 days from the date of the first publication to file an answer claiming an interest in the property.
This is the point in the Kansas mortgage foreclosure process and timeline where the case will deviate if the foreclosure is contested by the borrower. Once judgment is obtained, the case will continue with the steps below.
If the Defendant fails to respond, we will request a default judgment or in other words, for the judge to find in favor of the plaintiff without a trial. It may take up to a week for the judge to approve and sign the default judgment order.
Notice of Sale
After judgment has been entered, there is a 10 day period before we can request that the court orders the sheriff to sell the property. Once approval from the court is obtained, a sale date is selected and a notice of the sale date is published in the newspaper.
The sheriff will sell the property at an auction on the courthouse steps. The lender will have the opportunity to “credit bid” or bid up to the amount owed under the mortgage without paying any money. If the property is sold to a third party, the proceeds from the sale are paid to the lender. If the lender purchases the property, the lender receives title at the end of the redemption period.
Confirmation of Sale
After the sale, the court will hold a hearing to confirm the sale, which means that the court finds that the sale was conducted properly and that the sale price was a fair and reasonable price for the sale of the property.
Although the property has been sold, the borrower continues to have the right to live in, rent, or otherwise use the property until the end of the redemption period. This period is three months if the borrower has paid less than one-third of the original mortgage balance. If more than one-third has been paid, the redemption period is 12 months. During the redemption period, the borrower has the right to regain ownership of the property by paying the amount paid at the sheriff’s sale, plus interest and other costs incurred by the purchaser. The borrower can sell, transfer, or gift his or her redemption rights to a third party who would assume all rights of the borrower. Furthermore, other creditors may also have redemption rights in the property.
After Redemption Period
Once the redemption period has expired, the purchaser of the property can receive a sheriff’s deed from transferring the full ownership of the property. If the borrower or tenants are still residing in the property, the purchaser may need to pursue further legal actions to have the borrower or tenants removed from the property.
If a foreclosure action becomes contested as the result of an answer being filed by the borrower, the foreclosure is handled within the typical Kansas mortgage foreclosure process and timeline. This can add anywhere from an additional few months to an additional few years to the process depending on the claims being made by the borrower.