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Dealing before the sale in Kansas...

Posted by Ward-CA- on November 20, 2003 at 6:56 AM

In Reply to: Kansas Foreclosure posted by narm on November 17, 2003 at 10:50 PM

: I have one commercial property owner who's willing to deed me his property in Kansas City, Kansas because it is in foreclosure. How can I do it? Can I do Equity Purchase Agreement(do I need it in Kansas) then hold the title in THT in Kansas? or can I just take the title under my name and reselling it by doing double close? Please help!! Any special foreclosure law in Kansas that I need to know?

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Narm,

You don't need to use an Equity Purchase Agreement (EPA) in Kansas. The EPA is unique to CA.

Just call the customer service department of a local title company and ask for a free deed form to use to transfer the title from the defaulting owner to you or to your trust.

At the same time ask for a copy of the most recently recorded deed to the property. That will give you the names of all the owners and the legal description to the property. Then just fill out the blank deed to you by transposing to it the list of present owners and the property's legal description. Finally, record the deed at the county recorder's office and then cure the defaulting mortgage.

The decision to hold title in a trust is usually one of privacy. If that's not an issue with this transaction then just put title into your name.

Yes, I think you should be aware of the requirements of the foreclosure law and procedure in the State of Kansas (see Kansas Annotated Statute §60-2410).

Hope this helps.



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