Kansas Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage
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In Kansas, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust.
In a judicial foreclosure, the lender can get a deficiency judgment to collect any money they're owed after the sale. In a judicial foreclosure, after the judge orders the sale of a home, it's usually auctioned off to the highest bidder.
In Missouri, deficiency judgments are allowed following a nonjudicial foreclosure sale if the lender files a separate lawsuit.
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.
These states are usually called "nonrecourse" states. Kansas, though, does not fall into this category. Kansas law allows deficiency judgments. In Kansas, a bank may generally get a deficiency judgment against the borrower.
If a foreclosure is nonjudicial, the foreclosing lender must file a lawsuit following the foreclosure to get a deficiency judgment. On the other hand, with a judicial foreclosure, most states allow the lender to seek a deficiency judgment as part of the underlying foreclosure lawsuit.
Deficiency judgments are generally allowed in Kansas, but if the court determines that the bid at the foreclosure sale was substantially inadequate it can refuse to confirm the sale. It can also fix a minimum or upset price. A sale for the full amount of the judgment, taxes, interest, and costs is considered adequate.
Primary tabs. Deficiency judgment is money awarded to creditors when assets securing a loan do not cover the debt owed by a debtor. When a debtor becomes insolvent, a creditor can repossess the asset securing the loan, and then sell the asset to recover the debt.
