Franklin County holds an annual tax foreclosure sale to collect unpaid real estate taxes. This site is provided for general information on the foreclosure process and is not intended as legal advice or as a complete statement of the law regarding tax foreclosures. The procedures described on this site are subject to change at any time, without notice, depending upon changes in the law or county policy. It is the buyers responsibility to determine and verify all information that may be needed, or relied upon, with respect to any property.
- The County is required by statute to hold delinquent properties for a redemption period, before the properties can be sold in foreclosure.
- The County Treasurer publishes a list every September, as required by law. That list is NOT the list for public auction.
- The Buyer is responsible for researching the properties they are interested in prior to purchase. Some examples of research: determine the location and type of property; check with the city and county for zoning, building restrictions and special assessments; check with the County Appraiser for appraised value and current tax rates; check with the Register of Deeds for easements and restrictive covenants; and view the property. Please note: Ownership of the property remains with the current owner(s) until the sale has been confirmed by the court.
- A list of the properties, as well as the date, time and location of the auction and registration requirements, will be published in a newspaper of general circulation within Franklin County once a week for three weeks prior to the sale.
- Lists will also be available on this website as auction dates are scheduled.
- The amount of tax listed for each property in the auction notice is the amount of delinquent taxes owed, plus interest, not the assessed value.
- The current owner(s) may redeem the property at any time prior to the time of sale.
- Properties are sold at public auction to the highest qualified bidder. The county may bid on properties.
- Some properties may sell for less than the taxes owed; some may sell for more.
- Registration is required and will be held prior to the sale, as advertised.
- Generally, state law prohibits the following people from buying at the auction:
- those who owe delinquent taxes in Franklin County;
- those who have an interest in the property, such as the owners, certain lien holders, relatives, or officers in a corporation which owns the property; and
- those who buy the property with the intent to transfer it to someone who is prohibited from bidding.
- All bidders must execute an affidavit, under oath, that they meet the statutory qualifications for bidding on tax foreclosure property.
- Properties will be sold by legal description and by county parcel identification number.
- Properties are sold "As Is". There are no warranties.
- All the properties must be paid for by the stated time on the day of the sale. Only cash, cashier's check, or money order will be accepted.
- The Franklin County District Court will hold a hearing approximately two weeks after the auction to determine whether to confirm the sales.
- Some properties sold at the auction are subject to a federal lien. A deed will not be issued for those properties until the expiration of the federal redemption period of 120 days to one year -- if the federal agency chooses not to redeem the property.
- For properties not subject to a federal lien, the Sheriff will issue a Sheriff's Deed after the court confirms the sale.
- All other liens which were of record will be extinguished upon confirmation of the sale; covenants, restrictions and valid easements are not extinguished and remain encumbrances.
- The buyer is responsible for any taxes and assessments which are not included in the judgment, including the full amount assessed against the property for the calendar year in which the auction is held.
- The buyer is responsible for taking any necessary legal action to take possession of the property.
- Kansas statutes state that after the confirmation of sale, a legal challenge may still be made questioning the foreclosure procedures. If a challenge is successful, the property could revert to the original owner, and the court could order the purchase price refunded.
- For ten years, property purchased at tax foreclosure auction may not be transferred to anyone who had a statutory right to redeem. If such a transfer occurs, the person is liable for the amount of the judgment plus interest.
- Properties that do not sell at auction may be offered again at a later auction or may be sold pursuant to K.S.A. 79-2803a and 79-2803b.