In Kansas, mortgage companies can get deficiency judgments in foreclosure cases, but Kansas laws limit the frequency that deficiencies occur. In Kansas all sheriff's sales are subject to court approval. Kansas statutes say that "the court may decline to confirm the sale where the bid is substantially inadequate, or in ordering a sale or a resale, may, in its discretion, if conditions or circumstances warrant and after a proper hearing, fix a minimum or upset price at which the property must be bid in if the sale is to be confirmed." K.S.A. 60-2415(b).
A sale where there is no deficiency is automatically deemed to be adequate. In Kansas, most mortgage companies bid in the full amount of the judgment, taxes and interest at the sheriff's sale to prevent a deficiency and have an automatically "adequate" sale under the statute. If the bid at the sheriff's sale will leave a deficiency judgment, the court may conduct a hearing to establish the value of the property, and as a condition to confirmation require the fair value of the property be credited upon the judgment, interest, taxes and costs. K.S.A. 60-2415(b). The limitations in Kansas statutes mean most foreclosures do not result in deficiency judgments.
However, if there is a deficiency judgment in a Kansas foreclosure, the mortgage company can garnish your wages like any other creditor. The regular rules of Kansas garnishments still apply, so the mortgage company is limited to garnishing 25% of gross wages. You also have 14 days after the date of judgment to voluntarily pay off the judgment before the mortgage company is allowed to try to garnish.