Surplus funds in Kansas: the rules, straight.
We recover foreclosure surplus, tax sale overages, and vehicle/boat/RV repossession surplus here.
Foreclosure / mortgage surplus
Yes — we recover this here.
Sheriff sale; clerk holds balance for further order. Motion to distribute after confirmation (60-2415; Fidelity Bank v. King).
Deadline: No short surplus-claim statute; court-held funds abandon 1 year after distributable (58-3935(a)(10)).
Judicial. Surplus to defendant after costs/judgment; appearing juniors share (Pool v. Gates; Fidelity Bank). No pre-escheat fee cap/bar found. 60-1009 is personal-property sales only.
Tax sale overages
Yes — we recover this here.
Judicial tax foreclosure; excess ordered paid on due proof to the owner (79-2803). Motion in the tax case.
Deadline: No short claim window; unclaimed excess → UUPA (AG Op. 97-61), then 1-yr court dormancy.
Already Tyler-compliant on first sale. 79-2805 county resale after bid-in apportions excess to taxing units (not owner surplus). No 2024–26 reform found. No fee cap.
Courtroom requirement: Claims here move by court motion. Licensed local attorneys on our bench handle the courtroom work inside the same contingency deal — you never pay hourly legal bills.
If nobody claims it: Court/gov funds abandon 1 yr after distributable (58-3935(a)(10)); then 24-mo wait + 15% cap (58-3968). Warrants may issue only to owner, not assignee.
Cars, boats & RVs in Kansas: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered. Primary source: https://ksrevisor.gov/statutes/chapters/ch79/079_028_0003.html · https://ksrevisor.gov/statutes/chapters/ch60/060_024_0015.html
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