The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.
Kansas Complaint or Petition to Enjoin Foreclosure Sale due to Misunderstanding as to Promissory Note's Terms of Payment upon Assumption of Note
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How to fill out Complaint Or Petition To Enjoin Foreclosure Sale Due To Misunderstanding As To Promissory Note's Terms Of Payment Upon Assumption Of Note?
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Redemption period 3-12 months 3 months if less than 1/3 of the first mortgage indebtedness has been paid - 12 months if less than 1/3 of the first mortgage indebtedness is still due and owing. The period for mortgage balances in between is left up to the court to establish.
Under Kansas law, the redemption period is generally 12 months after the foreclosure sale. (Kan.
Judicial States: Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont, and Wisconsin.
In Kansas, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust.
In Kansas, foreclosure actions are subject to a five-year statute of limita- tions.