Kansas at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | Kansas mortgage foreclosures are handled as district court cases. After judgment the sheriff sells the property under an execution or order of sale, after public notice published once a week for three consecutive weeks, then reports the sale to the court, and the court confirms it before a certificate of purchase or deed is issued. K.S.A. 60-2410; K.S.A. 60-2415 Show the source textLands and tenements taken on execution shall not be sold until the officer gives public notice of the time and place of sale once each week for three consecutive weeks prior to the day of sale |
| Who holds foreclosure surplus | We found no Kansas statute that spells out who receives surplus from a mortgage foreclosure sale. As described by the Shawnee County Sheriff's Office, a third-party buyer's certified check is made payable to and deposited with the Clerk of the District Court, and the clerk then waits for a disbursement order from the court before paying the money out. Shawnee County (Kansas) Sheriff's Office, Property Sales page; see also K.S.A. 60-2415 Show the source textThe Clerk of the District Court will then wait for a disbursement order from the Court. |
| Claim window for foreclosure surplus | We found no Kansas statute setting a deadline to ask the court for mortgage foreclosure surplus. Under the unclaimed property act, property held by a court or other government body is presumed abandoned one year after it becomes distributable, which is when it becomes reportable to the State Treasurer. The Treasurer's office states that there is no time limit for claiming cash property it holds. K.S.A. 58-3935(a)(10) Show the source textproperty held by a court, state or other government, governmental subdivision, agency or instrumentality, one year after the property becomes distributable |
| Tax sale excess proceeds | Kansas does not sell tax lien certificates to investors. Delinquent real estate is bid off to the county, the owner can redeem through the county treasurer during a holding period of one, two or three years depending on the property (three years for a homestead), and then the county files a tax foreclosure suit and the sheriff sells the property at public auction. If a parcel sells for more than the tax judgment plus its share of costs, the court orders the excess paid, on due proof, to the owner or party entitled to it. The statute states no deadline for that claim, and redemption must be made before the day of sale. K.S.A. 79-2803; K.S.A. 79-2401a; K.S.A. 79-2801; K.S.A. 79-2804 Show the source textsuch excess shall be ordered by the court paid upon due proof to the owner or party entitled thereto |
| Redemption after the sale | Yes. The general rule gives the defendant owner 12 months from the day of the sheriff's sale to redeem, with the right to possession in the meantime. The court must set a three-month period if the default happened before one third of the original debt was paid, and it may shorten or end the period if it finds the property abandoned or not occupied in good faith. For property other than agricultural land or an owner-occupied one or two family home, the mortgage itself may shorten or waive redemption. K.S.A. 60-2414(a), (m) Show the source textthe defendant owner may redeem any real property sold under execution, special execution or order of sale, at any time within 12 months from the day of sale |
| Rules for recovery companies | For property reported to the State Treasurer as unclaimed, an agreement to pay someone to recover it is unenforceable if made within 24 months after the property was paid or delivered to the Treasurer, and an agreement made after 24 months is unenforceable if the fee is more than 15% of the value of the recoverable property. The Treasurer may pay the owner or heir directly rather than a named attorney in fact, agent or assignee, regardless of written instructions. Separately, any assignment or transfer of a homeowner's rights in a residence that is the subject of a pending mortgage foreclosure must be in writing with a statutory disclosure statement, can be rescinded within five business days, and is voidable by the owner if the statute is not followed. We found no Kansas statute written specifically for companies that recover surplus held by a court. K.S.A. 58-3968; K.S.A. 58-2342 Show the source textare unenforceable if the fee or compensation agreed upon is in excess of 15% of the value of the recoverable property |
How surplus funds arise in Kansas
When a home in Kansas is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in Kansas
We confirm the sale figures in the public record, identify which office in Kansas is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In Kansas that program is the Kansas Unclaimed Property (Kansas State Treasurer's Office).
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, Kansas law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in Kansas
Kansas regulates this kind of service. For property reported to the State Treasurer as unclaimed, an agreement to pay someone to recover it is unenforceable if made within 24 months after the property was paid or delivered to the Treasurer, and an agreement made after 24 months is unenforceable if the fee is more than 15% of the value of the recoverable property. The Treasurer may pay the owner or heir directly rather than a named attorney in fact, agent or assignee, regardless of written instructions. Separately, any assignment or transfer of a homeowner's rights in a residence that is the subject of a pending mortgage foreclosure must be in writing with a statutory disclosure statement, can be rescinded within five business days, and is voidable by the owner if the statute is not followed. We found no Kansas statute written specifically for companies that recover surplus held by a court. (K.S.A. 58-3968; K.S.A. 58-2342)
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in Kansas
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for Kansas, from locating the funds to filing the claim.
We found no Kansas statute that spells out who receives surplus from a mortgage foreclosure sale. As described by the Shawnee County Sheriff's Office, a third-party buyer's certified check is made payable to and deposited with the Clerk of the District Court, and the clerk then waits for a disbursement order from the court before paying the money out.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.