60-2410. Sale of real property under execution.
60-2410
60-2410. Sale of real property under execution.(a) Notice. Lands and tenements taken on execution shall not be solduntil the officer gives public notice of the time and place of saleonce each week for three consecutive weeks prior to the day of sale,bypublication in the county in which the judgment was rendered and in thecounty in which the land and tenements are located. Each such publicationshall be in a newspaper which meets the requirements of K.S.A. 64-101 andamendments thereto and which is designated by the party ordering the sale.The last such publication shall not less than seven days nor more than 14days prior to the day of sale.
(b) Where sale of land held. All sales of lands or tenements underexecution shall be held at the courthouse located in the county seat of thecounty in which the judgment was rendered. Upon application, a districtjudge whose district includes the county where the judgment was renderedmay, for good cause shown, order such sale to be held on the premises or atsuch other location as the order may designate.
(c) Agricultural land; sale by individual parcel, parcels or as awhole. Agricultural land taken on execution issued following an actionfor mortgage foreclosure shall be offered for sale by individual parcel,groups of parcels or as a whole at the discretion of the district judge whoshall determine the most commercially reasonable fashion to sell theagricultural land. Agricultural land thereafter may be redeemed in theindividual parcel, groups of parcels or as a whole depending on how theland was sold at the sheriff's sale. "Agricultural land" means land used infarming, tillage of the soil, dairy farming, ranching, production orraising of crops, poultry or livestock, or production of poultry orlivestock products in an unmanufactured state. The provisions of thissubsection shall expire on July 1, 1992.
(d) Reversal of judgment after sale of land; title of purchaser. Ifany judgment or judgments in satisfaction of which any lands or tenementsare sold shall at any time thereafter be reversed, such reversal shall notdefeat or affect the title of the purchaser, or purchasers. In such casesrestitution shall be made by the judgment creditors of the money for whichsuch lands or tenements were sold, with lawful interest from the day ofsale. This subsection shall not apply in cases of sales under judgmentsrendered without personal appearance by the party against whom the judgmentwas rendered, and without service on such party other than by publication,when such sale was made within six months from the date of such judgment.
(e) Deed or certificate to purchaser of estate. After sale by thesheriff of any real estate on execution, special execution or order ofsale, the sheriff, if the real estate sold by the sheriff is notsubject to redemption, shall execute upon court order inaccordance with K.S.A. 60-2415 and amendments thereto a deed therefor tothe purchaser. If the real estate is subject to redemption, the sheriff,upon court order in accordance with K.S.A. 60-2415 and amendmentsthereto, shall execute to the purchaser a certificate containing adescription of the property and the amount of money paid by such purchaser,together with the amount of the costs up to that date. Such certificateshall state that, unless redemption of such real estate is made accordingto law, the purchaser or the purchaser's heirs or assigns will be entitledto a deed to the property. Any contract in any mortgage or deed of trustwaiving the right of redemption shall be null and void except as providedby subsection (a) of K.S.A. 60-2414 and amendments thereto.
History: L. 1963, ch. 303, 60-2410; L. 1970, ch.237, § 2; L. 1976, ch. 251, § 34;L. 1986, ch. 115, § 95;L. 1987, ch. 226, § 1; L. 1987, ch. 227, § 1; L. 1987, ch. 220, § 2;L. 1988, ch. 219, § 1; July 1.