Blair Gisi featured in the USFN February 2021 e-Update
Case Poses Question of Conveyance Under Redemption
A recent appellate decision given in Bucklin Nat'l Bank v. Hayse Ranch, 475 P.3d 1 (Kan. Ct. App. 2020) yielded an interesting result which may impact the redemption and subsequent conveyance of ownership process in Kansas. In 2018, Bucklin National Bank (“Bucklin”) initiated a foreclosure action against the defendants (“Hayses”); however, while that 2018 action was pending, a third party (“Pruitt”) intervened claiming ownership of the subject real estate. Pruitt had purchased and exercised the redemption rights from the Hayses in a 2002 foreclosure action. In Kansas, rights of redemption are as transferrable as any other ownership interest.
Even though Pruitt believed that she had exercised her right of redemption, there was a question as to the transfer of ownership as Pruitt did not record any deed of conveyance. Instead, Pruitt claimed legal title to the property under Kan. Stat. Ann. § 60-2414, arguing that a deed was not required as the statute gave her the exclusive means of obtaining ownership.