72-2146. State may foreclose contracts of sale or renewals thereof, when; rights of owners; price; certificate of purchase; deed; bids by state. - Kansas Statutes

72-2146

Chapter 72.--SCHOOLS Article 21.--SCHOOL LANDS

      72-2146.   State may foreclose contracts of sale or renewals thereof,when; rights of owners; price; certificate of purchase; deed; bids bystate.In all cases where a sale of school lands shall have been made by thestate of Kansas under a contract of sale or renewal thereof, and the owneror owners of such contract or renewal shall have failed for the period ofthree months to pay any principal or installment thereof, or interest,which by the contract of sale, or the renewal, he shall have been requiredto pay to the state of Kansas, a foreclosure suit may be maintained by thestate of Kansas to foreclose the contract of sale or renewal, in the samemanner as provided by law for the foreclosure of mortgages upon realestate, and the real estate covered by such contract or renewal may be soldunder a judgment of foreclosure as provided by law. The owner or owners ofa contract of sale or renewal shall have the right at any time until thejudgment shall be rendered to pay to the state the amount of principal andinterest then due and the costs of suit and thereupon the suit shall bedismissed without prejudice. If such payment should not be made thejudgment shall be for the full amount of the principal due and to becomedue under the contract or renewal, and interest to the end of theredemption period on the portion of the principal due and the costs ofsuit. The land shall not be sold under foreclosure for less than the totalof such amounts.

      Whenever such real estate shall be sold under foreclosure and the sameshall not be redeemed from the judgment by the payment of the principal dueand to become due, and interest due upon such contract or renewal to theend of the period of redemption and costs of suit, within eighteen monthsfrom the date of such sale, then such sale shall become absolute and thepurchaser at such sale shall be immediately entitled to a deed to the realestate purchased. Upon the sale of any real estate under foreclosure asprovided in this act, the sheriff making such sale shall execute anddeliver to the purchaser at such sale a certificate of purchase showing thedate of purchase, the person to whom sold, the description of the land soldand the time as provided herein within which the real estate may beredeemed, and if the land should not be redeemed within the time hereinmentioned, the legal holder, upon the presentation of such certificate,shall be entitled to a deed for the land described, which deed shall conveythe title of the state as well as the interests of the defendants. Upon anysuch foreclosure sale a bid may be made on behalf of the state, at thedirection of the state auditor, for the purchase of the land, in a sum notto exceed the amount of the principal and interest in default, the amountof the remainder of the principal, and interest to the end of theredemption period on the portion of the principal due, and the costs ofsuit. If the bid by the state should be accepted the amount of its bidshall be credited upon the purchase price. If the deed should be made tothe state the land shall continue to be treated as school land.

      History:   L. 1937, ch. 317, § 1; June 30.