Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
After a foreclosure sale in Kansas, the county sheriff holds the sale proceeds. If these proceeds exceed the total owed (mortgage balance, fees, and costs), the sheriff must handle surplus funds under Kansas law. Under K.S.A. § 60-2410, the sheriff must publish a notice of surplus funds in the county newspaper and file a notice with the district court. Interested parties can follow these steps to determine if surplus funds remain:
- Review the district court file. Foreclosure proceedings occur in the district court. Visit the clerk’s office or use the Kansas Judicial Branch online records portal to access the case file. Look for the order approving the sale and any notices of surplus funds.
- Contact the county sheriff’s office. Ask if they have published a notice of surplus funds and confirm the deadline to claim the funds. Kansas law generally requires a claimant to file within one year of the sale under K.S.A. § 60-2410.
- Search unclaimed property. If no one claims the surplus within the statutory period, the sheriff must remit the funds to the State Treasurer as unclaimed property. Use the Kansas Treasurer’s Unclaimed Property database to search by name or property type.
- File a claim for the surplus. To recover surplus funds, file a “Claim for Remaining Proceeds” in the district court and provide proof of your interest (for example, proof of loan payments or equity interest). The court will review your claim and, if approved, direct the clerk to issue payment from the surplus fund.
- Review applicable statutes. For full procedures, consult Kansas Statutes Chapter 60, Article 24, which governs foreclosure sales and distribution of proceeds.
Helpful Hints
- Act quickly. Kansas sets firm deadlines—usually one year from the sale date—to claim surplus funds.
- Gather proof of interest. Collect documents showing your lien, equity stake, or payment history.
- Monitor court notices. Check the district court docket for orders or notices concerning surplus funds.
- Use online resources. The Kansas Judicial Branch and State Treasurer’s websites streamline record searches.
- Consider legal guidance. While this article educates, an attorney can help you navigate procedural requirements and meet deadlines.