Kansas Statutes Annotated Chapter 79 — Taxation
K.S.A. 79-2804b
Actions to open, vacate or modify foreclosure proceedings; time limitations
Legal or equitable actions or proceedings may be brought to open, vacate, modify or set aside any judgment rendered for taxes, interest and costs or any order of sale made under the provisions of K.S.A. 79-2803 , or amendments thereto, or any sale made under the provisions of K.S.A. 79-2804 , or any amendments thereof, but every such action or proceeding, including those brought to set aside judgments on the grounds and in the manner prescribed by the code of civil procedure, must be commenced within twelve months after the date the sale of the real estate, which was affected by such judgment, order of sale or sale, was confirmed by the court. The time limitation herein fixed for the bringing of any such action or proceeding shall be construed as a condition precedent to the bringing of any such action or proceeding and shall not be construed as a statute of limitations.
The petition in every such action or proceeding shall show that such action or proceeding was commenced within the time herein limited. If any such action or proceeding is not commenced within the time herein limited, or if the petition in any such action or proceeding shall not show that such action or proceeding was so commenced, the court shall have no jurisdiction of such action or proceeding. The provisions of this section shall apply to all judgments, orders of sale, and sales whether the purchaser at the foreclosure sale be the county or an individual.
Amendment history
L. 1941, ch. 375, § 22; L. 1945, ch. 362, § 5; L. 1949, ch. 478, § 1; April 15.
Source: view the official text
In this article (27 sections)
- 79-2801 · Action to enforce lien for unredeemed real estate bid in by…
- 79-2802 · Joinder of parties defendant; decree as to
- 79-2802a · Receivership
- 79-2803 · Joinder of issues; trial; judgment; redemption before day of…
- 79-2803a · Sale of lots or tracts as unit
- 79-2803b · Order and conduct of sale authorized by K.S.A. 79-2803a
- 79-2804 · Order of sale; publication notice; auctioneer may be…
- 79-2804a · Sale of school lands; bond
- 79-2804b · Actions to open, vacate or modify foreclosure proceedings;…
- 79-2804c · Refund of purchase money, taxes and charges when foreclosure…
- 79-2804d · Refund of amount paid to state, township, city or school…
- 79-2804e · Repealed
- 79-2804f · Record of real estate acquired by county; sale by county;…
- 79-2804g · Sales of real estate to certain persons prohibited;…
- 79-2804h · Confirmation of sale of property under K.S.A. 79-2804;…
- 79-2804i · Purchase by city of property offered for sale under K.S.A.…
- 79-2804j · Repealed
- 79-2805 · Apportionment of proceeds of sale
- 79-2805a · Repealed
- 79-2805b · Repealed
- 79-2806 · Repealed
- 79-2807 · Repealed
- 79-2808 · Amount of state tax uncollected certified to director of…
- 79-2809 · Sale, redemption, conveyance, foreclosure and sale of real…
- 79-2810 · Action to enforce lien for delinquent taxes upon real estate…
- 79-2811 · County sale for affordable low-income housing; abatement of…
- 79-2812 · Persons not eligible to purchase real estate at tax sale