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Kansas Foreclosure Law

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Kansas Foreclosure Facts
-  Judicial Foreclosure Available: Yes
-  Foreclosure Action: Complaint
-  Security Instruments: Mortgage
-  Timeline: Typically 305 days
-  Right of Redemption: Yes (90 Days)
-  Deficiency Judgments: Yes, Lender Decision
Homestead State: Yes
Standard Attorney Fees: $ 850

Information provided by Kansas General Assembly

58-211

Chapter 58.--PERSONAL AND REAL PROPERTY
Article 2.--LIENS ON PERSONAL PROPERTY

      58-211.   Sale of property; notice required; form and content of notice. Before any such property shall be sold, if the name and residence of the owner thereof is known, notice of such sale shall be given the owner in writing, either personally or by mail, or by leaving a notice in writing at such person's residence or place of doing business. If the name and residence is not known, the person having the possession of such property shall cause a notice of the time and place of sale, and containing a description of the property, to be published at least once a week for three consecutive weeks in a newspaper, if there is one published in the county where such sale is advertised to take place, and if there is no newspaper published in such county, then the notice shall be published in some newspaper of general circulation in such county. If the value of the property does not exceed $100, such notice may be given by written or printed handbills posted in at least five public places in the township or city where the bailee resides or the sale is to take place, one of which shall be in a conspicuous part of the bailee's place of business. Notices given under this section shall state that if the amount due with storage keeping and sale costs is not paid within 15 days from the date of mailing, personally giving or posting of the notice (as the case may be), the property will be sold at public auction.

      History:   G.S. 1868, ch. 58, § 6; L. 1872, ch. 142, § 6; R.S. 1923, 58-211; L. 1986, ch. 207, § 2; July 1.

58-2326

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 23.--MORTGAGES OF REAL PROPERTY

      58-2326.   Validating defective mortgage foreclosure proceedings. In any case where a mortgage upon real estate in Kansas has been foreclosed in a court of competent jurisdiction, said foreclosure proceedings shall be deemed to be valid and the lien of the mortgage foreclosed shall be deemed to be canceled notwithstanding the foreclosure proceedings may have been brought by or in the name of some person other than the original mortgagee and without an assignment from such mortgagee being of record or shown in the foreclosure proceedings: Provided, That this act shall not apply or be construed to validate any mortgage foreclosure proceeding which was not completed at least ten (10) years prior to the taking effect of this act: And provided further, That this act shall not apply to any mortgage or the foreclosure thereof unless the debt secured by such mortgage has been due and payable for at least ten (10) years prior to the taking effect of this act.

      History:   L. 1931, ch. 242, § 1; May 28.


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