Kansas is another true deed state in which the winning bidder is buying the deed to the property and the owner has no right of redemption. It is one of the few deed states where the bidding starts at the lien amount and, in some cases, may even start lower than that. The county treasurer is responsible for the collection of property taxes and when properties are delinquent for 3 years they are turned over to the legal department for foreclosure. Properties are sold at public auction to the highest bidder. State law prohibits anyone with delinquent taxes in that county to buy property at the sale, as well as the owner (or a relative of the owner) of the property or anyone who would buy the property with the intent to sell or transfer it to someone who is prohibited from buying it at the sale.
Payment must be made the day of the sale in cash, cashiers check or money order. A filing fee to file the deed with the proper authorities must also be paid at the time of the auction. For deeds subject to federal liens (such as IRS liens) there is a waiting period during which the federal government may redeem the deed before the deed is issued to the purchaser. If a federal agency redeems the deed, the purchaser will be refunded the purchase price.
A sheriff’s deed is issued once the sale is confirmed (this may take a few days). All other liens of record are extinguished by the sale; however restrictions and easements on the property remain. The buyer is responsible for any tax and/or assessments that were not included in the sale, including the current year’s taxes. Although there is no redemption period, the previous owner has 1 year to challenge the validity of the sale and, if the sale is found to be in error, the purchase price will be refunded. It is also the responsibility of the buyer to take any legal action that is necessary to take possession of the property.
Although many Kansas counties have tax assessment information online, it may be difficult to find tax sale information. In some counties the county sheriff handles the tax sales, and in others it is the county’s legal department that is responsible for the sale. The above information was taken from the tax sale page of the Johnson County website.
Summary courtesy of
Joanne Musa's
State Guide