Kansas Judgment Foreclosing Mortgage and Ordering Sale

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Multi-State
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US-02647BG
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Description

A judicial foreclosure is one which results from a court action rather than from the power of sale given to a trustee. Judicial foreclosures occur when a trust deed or mortgage deed does not have a power of sale clause, thus compelling the lender to take the borrower to court. This is in contrast to a non-judicial foreclosure, in which a foreclosure can be completed outside the court system.
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FAQ

In Kansas, the foreclosure process starts when the lender initiates a judicial foreclosure. It can take 45-60 days, or longer if the borrower files for bankruptcy, contests the action, or tries to delay proceedings.

Redemption rights allow homeowners to redeem foreclosed property by paying the court for the foreclosed property plus interest and fees. This includes the right to redeem the property from whoever purchased it at the foreclosure sale.

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.

A foreclosure means that the lender takes control of a property after the borrower misses multiple mortgage payments. This is also referred to as defaulting on the loan. In doing so, the borrower is breaking the mortgage contract they signed with their lender.

After the sale, the following events occur prior to the issuance of a Sheriff's Deed: After the sale, the attorney of record with the clerk of the district court files a Return of Service on the Order of Sale. The clerk of the district court will give a receipt to the winning bidder.

In Kansas, foreclosure actions are subject to a five-year statute of limita- tions.

Redeeming the Property One way to stop a foreclosure is by "redeeming" the property. To redeem, you have to pay off the full amount of the loan before the foreclosure sale.

In Kansas, the foreclosure process may proceed as: judicial sale, which requires that the process go through court. Public notice must be given and require all parties to be notified regarding the proceedings. Be sure to read your mail carefully and act promptly on notices you receive.

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Kansas Judgment Foreclosing Mortgage and Ordering Sale