 Summary of a Kansas Foreclosure Documents Needed to Begin Foreclosure 1. Copy of RECORDED Mortgage 2. Copy of the Note 3. Copy of RECORDED Assignments, if applicable 4. A breakdown of Arrearages, i.e. date the delinquency started, monthly payments, monthly late charges, and any other costs that may have been paid, i.e. taxes, insurance, property inspections, etc. The only method of foreclosure in Kansas is judicial. The first step in a judicial foreclosure is to determine who are the other interested parties in the property being foreclosed. This is done by a foreclosure report from a title company. A notice of the foreclosure lawsuit is filed in the real estate records. All interested parties are served with a copy of the summons and complaint. Generally, to serve an interested party means to give to him a copy of the summons and complaint in any manner reasonably calculated, under all of the circumstances, to apprise him of the existence and pendency of the foreclosure lawsuit and to afford him a reasonable opportunity to appear and assert his point of view. Personally serving the party or his agent are the preferred methods of service and permit the court to enter a personnel judgment, including a deficiency judgment. Service by mail or publication generally allows the court to order foreclosure, but not a personal judgment, including a deficiency judgment. If any interested party interposes objections to the foreclosure, the court must resolve these objections. If no objections are filed by any interested party, the court will enter a judgment of foreclosure approximately forty-five (45) days (60 days if the U.S.A. is a party) after all interested parties have been served. The foreclosure sale is held at the county courthouse. Whether a sale date can be continued is unclear, but if authority is given by the court decree, that would seem sufficient. Notice of the foreclosure sale must be given by publication only. To avoid a reversal of the sale, if the liable parties have only been served by publication, the sale should not be scheduled for six months. If all liable parties have been personally served, the foreclosure sale can be held approximately one month after the first publication. After the foreclosure sale, there must be a confirmation hearing. If a deficiency has been bid, an appraisal substantiating same will be vital. The foreclosing creditor could permit reinstatement up to the confirmation hearing. There is no statutory requirement in this regard. There is a statutory one-year redemption period for the owner and inferior lienholders. The right of redemption can be waived by business organizations as to any type of property and by individuals as to property which is not their dwelling or which is not agricultural property. Attorneys’ fees cannot be added to a foreclosure debt in
Kansas. In other words, the mortgagee pays attorneys fees and cannot
collect them from the debtors. |
| Kansas Capital – Topeka The Sunflower State Judicial State Bar of Kansas: 14153 5/90 Foreclosure |
