Right to redeem after the sheriff’s sale — usually 12 months
Kan. Stat. § 60-2414
In plain words
After a Kansas foreclosure sale, the owner can usually redeem within 12 months by paying the buyer what was paid plus interest, costs and taxes. You can generally stay in the home during that time. The period can be shortened to 3 months in some cases (for example, if little of the loan had been paid) or cut if the home is abandoned.
Who is protected
Kansas defendant owners after a foreclosure sale.
When it applies
- Only in Kansas.
- Only after the foreclosure sale.
What you can do
Put the deadline on your calendar
The order confirming the sale states the redemption period.
Deadline: 12 months (or 3 months) after the sale — check the court order
Open the toolCompare your options
Use the redemption period to refinance or sell.
Open the tool
Honest limits
- Redeeming requires the full amount paid by the buyer plus interest and costs.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawRedemption after sale
Kan. Stat. § 60-2414
What it says: The owner may redeem within 12 months from the sale, with shorter periods in some cases.
Read the official texthttps://www.ksrevisor.gov/statutes/chapters/ch60/060_024_0014.html
Court cases
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
Right to published notice before the sheriff’s sale
Kan. Stat. § 60-2410(a)–(b)
Kansas foreclosures go through court. After judgment, the sheriff’s sale must be published at least three times, and the last notice must run between 7 and 14 days before the sale. The court must also confirm the sale, and it can refuse if the price is inadequate.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this right