Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
Kansas Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust
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FAQ
Equity of redemption (also termed right of redemption or equitable right of redemption) is a defaulting mortgagor's right to prevent foreclosure proceedings on the property and redeem the mortgaged property by discharging the debt secured by the mortgage within a reasonable amount of time (thereby curing the default).
Deeds for properties subject to a federal lien will not be issued until the expiration of the federal redemption period, and then only if there has been no redemption. The redemption period for a federal tax lien is 120 days from the date of the sale.
Some states permit foreclosed homeowners to repurchase their property after a foreclosure during what's called a "redemption period." The right to repurchase the home is called the "statutory right of redemption" because the amount of time allowed to redeem and the right itself arises solely from state statutes.
The redemption rights clause gives the owner of a property the right to reclaim his/her property during a foreclosure auction. The clause is often included in a mortgage agreement. Redemption rights allow the borrower to prevent foreclosure on the property by paying all liens or back taxes on the property.
Right of redemption is a legal process that allows a delinquent mortgage borrower to reclaim their home or other property subject to foreclosure if they are able to repay their obligations in time.
If, after proper showing, the court finds that the total outstanding amount of all mortgages or liens is less than 1/3 of the market value of the property, the court shall order a redemption period of 12 months.
In General. There are two types of redemption: Equitable redemption and Statutory redemption.
Also called the statutory right of redemption, redeeming your property after a foreclosure sale is useful if you cannot gather the funds necessary to redeem your home before the auction takes place or if the lender accelerates the foreclosure process.
