Blair Gisi featured in the winter edition of the USFN Report
Disclaiming Redemption Rights in Kansas
An interesting district court case may change how parties disclaim going forward in Kansas. In Nationstar Mortgage LLC v. The Heirs at Law of Karen E. Steddum-Menefee, deceased (No. 2020-CV-000473, Eighteenth Judicial District, Oct. 30, 2020) the borrower’s heirs disclaimed any interest into or against the subject property being foreclosed upon and were dismissed from the case.
In Kansas, it is a common occurrence for heirs or other parties who were named in the foreclosure action, but who may not have a real interest in the property to disclaim and request dismissal from the action. Doing so may allow that individual or other entity to avoid potential credit reporting issues or just the general hassle of being included in a judicial foreclosure. The Disclaimers of Interest filed in this case did not specifically reference the right of redemption.