The best way to avoid foreclosure is to act before your loan is 120 days behind: call your servicer, submit a complete loss mitigation application, and get a free HUD-approved housing counselor in your corner. Most homeowners in Wichita have more options than they think, including repayment plans, forbearance, loan modifications, refinancing, bankruptcy, or a sale. The problem is that every month you wait, a few of those options disappear.
I’m Alex Peransi. I own Real Estate Rescue, and we’ve been buying houses in Wichita since 2019. I talk with homeowners who are behind on payments almost every week, and the ones who come out best are the ones who started early. This guide walks through every way to stop foreclosure in Kansas, not just selling, so you can pick the one that fits your situation.
This is general information, not legal or tax advice. Talk to a Kansas attorney or CPA about your specific situation.
Why Do Homeowners Fall Behind on Their Mortgage?
Almost nobody falls behind because they don’t care. It’s usually one event that knocks the budget over, and then late fees and catch-up payments make it worse.
The most common causes I see in Wichita:
- Job loss or reduced hours, including layoffs and cutbacks in aviation and manufacturing.
- Medical bills or an illness that keeps someone from working.
- Divorce or separation, where one income now has to cover a payment two incomes used to.
- A death in the family, especially when the person who passed was on the loan or paid the bills.
- Escrow shock, when property taxes or homeowners insurance go up and the monthly payment jumps.
- Big repairs, like a roof, foundation, or HVAC system, that drain savings.
The reason matters. Your servicer will ask about your hardship, and whether it’s temporary (a few months out of work) or permanent (a lower income for good) shapes which foreclosure alternatives make sense.
What Happens After You Miss a Mortgage Payment?
Missing one payment doesn’t mean you’re in foreclosure. Here’s roughly how it plays out:
- Grace period and late fee. Many mortgages give a grace period of about 15 days, then charge a late fee. Check your promissory note for your exact terms.
- Calls and letters. Your servicer will start contacting you, and federal rules require it to reach out early in a delinquency to tell you about options.
- Credit damage. Once a payment is 30 days late, it can be reported to the credit bureaus.
- The 120-day line. Under the federal mortgage servicing rules (Regulation X, 12 CFR 1024.41), a servicer generally can’t make the first notice or filing for foreclosure until your loan is more than 120 days delinquent.
That 120-day window is your best chance to avoid foreclosure without a lawsuit ever being filed.
How Do I Talk to My Servicer About Loss Mitigation?
“Loss mitigation” is the industry term for the options a servicer can offer instead of foreclosing. You get access to them by filing a loss mitigation application. The same federal rule gives you real protections, but mostly when your application is complete and submitted early enough.
Here’s what Regulation X generally requires:
- If the servicer gets your application 45 or more days before a foreclosure sale, it has to tell you in writing within 5 business days whether the application is complete, and list anything missing.
- If you submit a complete application more than 37 days before a sale, the servicer must evaluate you for every option it offers and give you a written decision within 30 days.
- If your complete application comes in before the first foreclosure filing, the servicer generally can’t start foreclosure until it has dealt with it.
- If it comes in after the case is filed but more than 37 days before the sale, the servicer generally can’t move for judgment or hold the sale while your application is pending (with some exceptions).
- If the complete application was in 90 or more days before a sale and you’re denied a modification, you can appeal within 14 days.
A few practical tips:
- Ask for the application in writing and return it fast. Missing documents are the number one reason applications stall.
- Keep copies of everything and write down the name of every person you talk to, with the date.
- Send documents in a way you can prove, like the servicer’s upload portal with a confirmation, or certified mail.
- Keep making whatever payments you can unless your servicer tells you otherwise in writing.
What Are My Options to Stop Foreclosure?
Once your application is in, here are the main tools servicers use. Not every loan has every option, and your investor (Fannie Mae, Freddie Mac, FHA, VA, USDA, or a private lender) sets the rules.
Reinstatement
You pay everything you’re behind, plus late fees and any foreclosure costs, in one lump sum. In Kansas you can stop foreclosure before the sale by paying what’s owed. This works if you have savings, a tax refund, family help, or a 401(k) loan coming. Ask the servicer for a written reinstatement quote.
Repayment Plan
You make your normal payment plus a portion of the past-due amount each month until you’re caught up. It’s a good fit when the hardship is over and your income is back to normal.
Forbearance
The servicer lets you pause or reduce payments for a set period. It’s built for temporary problems, like a short layoff or medical leave. The skipped money doesn’t disappear, so ask up front how you’ll repay it when forbearance ends.
Loan Modification
A loan modification permanently changes your loan terms, for example a lower interest rate, a longer term, or past-due amounts added to the balance, to get the payment to something you can afford. Most start with a trial period of a few months. Make every trial payment on time.
Refinancing
If you have equity and decent credit, a refinance can replace the loan entirely. Once you’re seriously behind, though, qualifying gets hard, so this works best early.
| Option | Best for | Keep the house? |
|---|---|---|
| Reinstatement | You have the cash to catch up now | Yes |
| Repayment plan | Hardship is over, income is back | Yes |
| Forbearance | Short-term hardship | Yes |
| Loan modification | Lower income going forward | Yes |
| Chapter 13 bankruptcy | Steady income but large arrears or other debts | Usually, if you complete the plan |
| Selling (traditional or cash) | Payment isn’t sustainable and you have equity | No |
| Short sale | You owe more than the house is worth | No |
| Deed in lieu | Can’t sell, want a cleaner exit | No |
Is There Special Help for FHA, VA, or USDA Loans?
Yes. Government-backed loans have their own rulebooks, and they’re often more flexible than people expect. Check your mortgage statement or ask your servicer which type you have.
- FHA loans: HUD has a set of FHA loss mitigation options that includes repayment plans, forbearance, partial claims (a separate, interest-free lien that covers past-due amounts and is generally repaid when you sell or pay off the loan), loan modifications, and, if keeping the home won’t work, a pre-foreclosure sale or deed in lieu. HUD’s avoiding foreclosure page is the starting point.
- VA loans: VA lists options such as special forbearance, repayment plans, several types of loan modification, and a VA partial claim, plus alternatives like extra time to sell, a short sale, or deed in lieu. Veterans can call a VA loan technician for help, in addition to working with the servicer.
- USDA loans: USDA Rural Development has its own servicing and loss mitigation options. Direct loan borrowers deal with USDA’s servicing office, while guaranteed loan borrowers usually start with their private servicer.
Where Can I Get Free Foreclosure Help in Wichita and Kansas?
You don’t have to pay anyone to help you avoid foreclosure. The best help is free.
- HUD-approved housing counselors. They can look at your budget, explain your options, help with your application, and contact your servicer for you. Call HUD at (800) 569-4287 and enter your ZIP code, or use the CFPB’s “Find a housing counselor” search online.
- Kansas Legal Services. KLS offers free foreclosure advice and, in some cases, representation for low and moderate income Kansans. Their application line is 316-267-3975, or you can apply online.
- A Kansas foreclosure or bankruptcy attorney. If you’ve already been served with a lawsuit, talk to a lawyer quickly. Many offer a free first consultation.
Can Chapter 13 Bankruptcy Stop a Foreclosure in Kansas?
It can. When you file Chapter 13, the automatic stay stops the foreclosure case right away. You then propose a plan to catch up the past-due mortgage over three to five years while also making your regular payments as they come due.
It’s a real tool, but it isn’t a quick fix. You need steady income to make both the plan payment and the ongoing mortgage, it affects your credit, and the home can still be lost if you miss payments after filing. If you’re considering it, sit down with a Kansas bankruptcy attorney before the sheriff’s sale is scheduled.
What If I Can’t Keep the House?
Sometimes the numbers just don’t work, even with a modification. That’s not a failure. Choosing a controlled exit protects your credit and any equity you have far better than letting the auction decide.
Sell the House
If you have equity, selling before foreclosure usually leaves you with the most money and the least credit damage. You can list with an agent if you have time, or sell to a cash buyer if you’re short on time or the house needs work. I cover the step-by-step in how to sell your house before foreclosure in Wichita, and the mortgage payoff side in can you sell a house with a mortgage in Kansas.
Short Sale
If you owe more than the house is worth, your lender may agree to accept less than the full payoff. Short sales take lender approval and can be slow, so start early. Ask whether the lender will waive the remaining balance in writing, and talk to a CPA about any tax impact.
Deed in Lieu of Foreclosure
You sign the house over to the lender voluntarily, and in exchange it ends the foreclosure. Lenders usually want you to try selling first, and they often won’t accept a deed in lieu if there are other liens on the property. Get any agreement about the remaining debt in writing.
Where we fit: Real Estate Rescue buys houses as-is for cash, with no repairs or commissions, and we can close in as little as 7 to 14 days at a local title company. The honest trade-off is that a cash offer will be lower than what a fully fixed-up house might bring on the open market. If you have time and the house shows well, listing may net you more. Our guide on cash buyer vs. listing with an agent lays out both sides, and how much cash home buyers pay explains how offers are figured.
How Long Does Foreclosure Take in Kansas?
Kansas uses judicial foreclosure, which means the lender has to file a lawsuit in district court. In Wichita, that’s the Sedgwick County District Court. Here’s the high-level path:
- 120+ days delinquent. The servicer can refer the loan to foreclosure.
- Lawsuit filed. You’re served with a summons and petition. If you’re personally served, you generally have about 21 days to respond. Don’t ignore it.
- Judgment. If you don’t respond, the lender usually gets a default judgment. If you contest it, the case takes longer.
- Sheriff’s sale. The house is sold at auction. In Sedgwick County, mortgage foreclosure sales are generally held Wednesdays at 10 a.m. at the historic courthouse at 510 N. Main, and they’re advertised about three weeks ahead, according to the Sedgwick County Sheriff’s Office.
- Confirmation. A judge confirms the sale, and the order sets the redemption period.
- Redemption period. Under K.S.A. 60-2414, the owner generally has 12 months after the sale to redeem, but only 3 months if the default happened before one-third of the original loan was paid off, which covers many newer mortgages. A court can shorten or end it if the home is abandoned. You can generally stay in the home during the redemption period.
From the first missed payment to the end of redemption, the whole process often runs many months to over a year, depending on the loan, the court’s schedule, and whether you respond. The options that let you keep the house mostly happen in the first few months. After the sale, your main choice is to redeem by paying the full amount, which few people can do.
One more thing to know: if the sale brings in less than you owe, Kansas generally allows the lender to seek a deficiency judgment for the difference. That’s another reason a planned sale, short sale, or deed in lieu with a written waiver can beat waiting for the auction.
How Do I Spot a Foreclosure Rescue Scam?
Desperate homeowners are a target. The CFPB’s foreclosure relief scam guide and the FTC list the same warning signs. Walk away if someone:
- Charges an upfront fee to get you a loan modification. Federal rules generally ban mortgage relief companies from collecting fees before you have a written offer from your lender that you accept.
- Tells you to stop paying your mortgage or stop talking to your servicer.
- Asks you to send payments to them instead of your servicer.
- Wants you to sign over your deed so you can “rent it back” and buy it later.
- Guarantees they can stop the foreclosure.
- Pushes you to sign right now, or to sign papers you don’t understand.
- Sells a “forensic audit” of your loan.
- Sends mail that looks like it came from the government but didn’t.
Before you sign anything that transfers your house, have a HUD-approved counselor or an attorney read it. Any legitimate buyer, including us, should be fine with that.
What Should I Do This Week to Avoid Foreclosure?
If you’re behind, or about to be, here’s a simple checklist for the next seven days:
- Open every letter from your servicer and the court. Put them in one folder.
- Find out what type of loan you have (conventional, FHA, VA, or USDA) and how many days behind you are.
- Write a one-page budget: income, mortgage, utilities, car, food, and everything else.
- Call a HUD-approved housing counselor at (800) 569-4287.
- Call your servicer, ask for a loss mitigation application, and ask what documents they need.
- Gather documents: pay stubs, bank statements, tax returns, and a short hardship letter.
- If you’ve been served, call Kansas Legal Services or a Kansas attorney before your response deadline.
- Get a value on your house so you know whether you have equity. That tells you whether selling is a real backup plan.
Frequently Asked Questions
How many payments can I miss before foreclosure starts in Kansas?
Federal rules generally prevent a servicer from making the first foreclosure filing until you’re more than 120 days behind, which is roughly four missed payments. Late fees and credit damage start much sooner. The earlier you apply for help, the more protection you get.
Can I stop a foreclosure after the lawsuit is filed?
Often, yes. You can still apply for loss mitigation, reinstate by paying what’s owed, sell the house, or file Chapter 13 bankruptcy. A complete loss mitigation application submitted more than 37 days before the sale generally stops the sale while it’s reviewed.
Do I have to move out right after the sheriff’s sale in Wichita?
Usually not right away. Kansas law generally lets the owner stay in the home during the redemption period, which is typically 12 months or 3 months depending on how much of the loan was paid. A court can shorten it if the home is abandoned.
Is foreclosure help from a housing counselor really free?
Yes. HUD-approved housing counselors provide foreclosure prevention counseling at no cost. If a company wants money upfront to negotiate with your lender, treat that as a red flag.
Is it better to sell or let the house go to foreclosure?
If you can’t keep the house, selling is almost always better. You keep any equity, avoid a foreclosure on your credit report, and may avoid a deficiency judgment. Even a short sale or deed in lieu is usually better than waiting for the auction.
Talk Through Your Options With Us
If you’re behind on payments in Wichita and want a straight answer about where you stand, call me at (316) 925-7851. I’ll help you think through keeping the house and selling it, and if selling isn’t your best move, I’ll tell you that too.