Mortgage foreclosure surplus

Judicial mortgage foreclosure proceeds are distributed under the foreclosure decree and Kansas priority law; K.S.A. § 60-2414 governs redemption, not surplus distribution. Kansas Supreme Court precedent recognizes junior lienholders’ priority in surplus ahead of the debtor. K.S.A. § 60-2414’s 12-month baseline is a property-redemption period and is not a deadline for a claim to sale surplus. Request distribution in the foreclosure case under the sale-confirmation order; the cited statutes state no uniform surplus-claim cutoff.

Tax sale surplus

K.S.A. § 79-2803 expressly directs that any excess above the tax judgment and allocated costs from a judicial tax-foreclosure sale be ordered by the court paid, on due proof, to the owner or other entitled party. Sections 79-2804 and 79-2805 govern sale and apportionment. Section 79-2803 states no fixed surplus-claim filing period; seek payment from the district court on due proof. The 12-month period in § 79-2804b is for an action to set aside the tax judgment or sale, not an ordinary surplus claim.

Unclaimed funds

Kansas Uniform Unclaimed Property Act, K.S.A. §§ 58-3934 et seq.; § 58-3957 governs claims to the State Treasurer. Section 58-3957 imposes no fixed initial owner-claim cutoff; the Treasurer considers a claim within 90 days. Litigation after denial is governed separately by § 58-3959.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Tax sale surplus statute
• Mortgage foreclosure statute