Detailed Answer
In Kansas, a foreclosure sale may generate surplus funds when the sale price exceeds the total debt and costs. Under K.S.A. 60-2413(d), the officer must deposit any surplus with the court and notify interested parties. Follow these steps to determine if surplus funds remain:
1. Review the Foreclosure Case Docket
Begin at the district court where the foreclosure took place. Request the case docket and look for the sale report or return of service. This document usually lists the sale proceeds, the amount applied to the debt, costs incurred, and any resulting surplus.
2. Check the Sheriff’s Return of Sale
The county sheriff files a return after conducting the sale. Contact the sheriff’s office or the county clerk to obtain this return. It often includes a detailed breakdown of the sale proceeds and any surplus funds.
3. Examine the Court’s Confirmation Order
The court holds a confirmation hearing, typically 15 days after the sale. At that hearing, the judge confirms the sale and signs an order directing disbursements. This order will show any remaining surplus. See K.S.A. 60-2413 for confirmation procedures.
4. Search Online Records
Use Kansas eCourt Public Access (PEAK) to search for the foreclosure case. Electronic dockets may include entries showing surplus funds. Some counties also post sheriff sale returns on their websites.
5. File a Claim for Surplus Funds
If you identify surplus funds, file a written motion or application with the court clerk. Under K.S.A. 60-2413(d), you generally have one year from the sale date to request disbursement. After that period, unclaimed funds may revert to the state.
Helpful Hints
- Confirm the case number and sale date before requesting records.
- Contact both the county clerk and sheriff’s office; each may hold different documents.
- Keep copies of all filings, notices and correspondence.
- Review K.S.A. 60-2413 closely for deadlines and procedural requirements.
- Consider consulting an attorney if multiple parties claim the same surplus.