Redemption and Deficiency Judgments in Kansas

After the sheriff's sale, the owner may generally redeem within 12 months by paying the amount paid by the certificate holder plus allowed expenses, interest, costs and taxes, and keeps possession during that time; the first three months are exclusive to the owner. However, if the default occurred before one-third of the original debt was paid, the court orders a three-month redemption period (which the court may extend by three more months if the owner involuntarily loses their main source of income after the sale); if all liens total less than one-third of the property's market value, the period is 12 months. The court may shorten or end the period if the property is abandoned or not occupied in good faith. Mortgages on agricultural land or on a one- or two-family home that is an individual's residence cannot shorten or waive redemption.

The Kansas statutes reviewed do not set out a separate deficiency-judgment procedure, but they give the court control over the sale price. When the sheriff reports the sale, the court may decline to confirm it if the bid is substantially inadequate, may set a minimum (upset) price the property must bring, or may hold a hearing on the property's value and require, as a condition of confirming the sale, that the property's fair value be credited against the judgment, interest, taxes and costs. A sale for the full amount of the judgment, taxes, interest and costs is considered adequate.