Posted: 1/26/2025 2:34:03 PM EDT
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I'm looking for any experience dealing with a Sheriff's sale in Kansas. The sale is done, I'm looking for information on next steps. I know the right answer it to bring in my own attorney but I'd love to know the general process after the sale since things are moving very slowly. We've been trying to get the house on the lot next door condemned since garage burned to the ground in 2017. The city never got their act straight on finalizing the condemnation, giving extension after extension. At the wire, the owners boarded up the end of the house that was destroyed by fire, burned the carpet and furniture in the yard and and moved back in with their five kids. It's been an eyesore from my kitchen window ever since. Jump ahead six years, they've defaulted on a business loan where they used this dump as collateral and skipped town ahead of all those they wronged along the way. I contacted the local banker that wrote the loan and followed along through most of 2024 as this home and business worked through the legal process. The Sheriff's sale occurred December 2024, just me, the banker (and bank attorney) and the deputy Sheriff. The bank and I split the bid, I bid the house (what they told me to bid) and they bid the remaining on the business property that no one wants. From there it was been a mess, no one seems clear on the process and when they do it's only as good as the next step. There is a hearing in late January for the bank/court to validate the sale. I believe this starts the prior owner 90 redemption period? I or nor the bank have paid anything yet, we are both waiting on the bank attorney for more information. |
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I will tell my story and go from there. I live in the small town of Leoti, out west. There was a piece of property that I have been interested in for 10 years or so. It was 2 1/2 lots with a 35x70 shed and small garage on it. It was in disrepair, like really bad, over grown, junk every where. I tried to buy it from the owner directly, nothing. She went to the nursing home and suppossedly it was gifted to her grandson. I tried to buy it from him. No go. I kinda thought it was a lost cause, then I saw both her and her grandson in the paper for not paying their property taxes. I tried again and said I would pay $1k over the back taxes owes ($2k). No go, grandson said was going to pay it off and move a modular in by the shed. I waited it out. Finally, our county treasurer hired an attorney from Wichita to clean up all the back taxes in the county and it was on the list. This was all around August. Finally, the sherrif sale was set in December for March. It was never redeemed and went up for sale. I am a trusting person and did follow what the attorneys said at the sale. The parcel came up and myself and a neighbor to the property bid against eachother for it. She didn't see me bid, but I knew she was bidding on it. I paid more than I wanted ($11K), but I also knew it would never come up for sale again and I know what it would cost me to buy some lots and build a like sized shed, so I probably would have went to $15K. OK, sale done, I paid that day by check written to the attorney's office, and I waited and I waited. Everything had to go thru the courts to approve the sales and then Sheriff's Deeds had to be issued and recorded. I finally took possesion of the property in the middle of June, so 3 months. So I would say, just hold on a little longer. I did email the attorney's office a couple times checking on progress and they always responded with an answer. I have since cleaned out the shed, (40+ dump trailers of junk). Had power put back and the water fixed. I have planted trees, so on and so forth. Good luck and god bless! |
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I'm two months following the Sheriff's sale and seven months since I first started talking to the bank about this property. I am finally starting to see progress. Post sale; took two weeks to certify the "Sheriff's Return" confirming me as winning bidder with amount, six weeks for the court to certify the sale receive an "Order Confirming Sheriff's Sale". At that point I could pay for my purchase. Another two weeks for the bank's attorney to produce the "Certificate of Purchase" which required the Sheriff's signature and notary. After hearing the banker complain about not getting paperwork back from the Sheriff I applied lessons learned and did what I would appreciate if I were in his place. I gave the Sheriff my forms marked where they are to be signed with all the backup I had; receipt from the court for payment, prior orders, my name and phone number and most importantly a self addressed stamped envelope and to seal the deal a service dog stamp. Two day's later I received my documents in the mail. Now I start the 90 day redemption ( from the date of the order to confirm not the sale 45 days before), before I can apply for the Sheriff's Deed so I can start the teardown. My main lesson learned to date; the bank's attorney was the cause of nearly all of the 60 days of delays. He didn't sharing information, very slow filing documents with the court, multiple instances of incorrect information requiring refilling through the process(wrong county, my name misspelled, wrong legal description of the land). Now that it's mostly out of the banks hands I can work with my attorney to get the Sheriff's deed and whatever else comes along. I did find an outstanding $3300 electric bill that I'm not responsible for but will be a pain or resolve. |
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Second to last update, the last hopefully being demolition pictures. In mid-May the redemption period was complete and I went to my own attorney to wrap up the final purchase documents. It took this person two months, until mid-July, for the attorney to drive the mile to county jail to get the Sheriff to sign Sheriff's Deed, then the same day filing it and a Quit Claim Deed with the courthouse. Throughout this seven month process the Sheriff's office did their work quickly and accurately; and each attorney involved failed at every task, never missing an opportunity to be inaccurate, ill-informed and I can only assume just plain lazy. |