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.
History:
L. 1941, ch. 375, § 22; L. 1945, ch. 362, § 5; L. 1949, ch. 478, § 1; April 15.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1946–2024 · leading case:
Ford v. Willits, 688 P.2d 1230 (Kan. Ct. App. 1985).
Ford v. Willits, 688 P.2d 1230 (Kan. Ct. App. 1985).
· cites it 14× “The trial court entered summary judgment for defendant Willits, after concluding plaintiffs’ action was barred under K.S.A. 79-2804b and by laches. Our recitation of the undisputed facts in this case begins with the creation of the Albert L.”
Bd. of Jefferson Cnty. Commissioners v. Adcox, 132 P.3d 1004 (Kan. Ct. App. 2006).
· cites it 8× “Standard of Review and Legal Principles The Schrages’ motion to set aside the sheriff s sale indicated that it was made according to K.S.A. 79-2804b. No Kansas case has defined the standard of review from a denial of a motion to set aside a sale under K.”
Ford v. Willits, 697 P.2d 834 (Kan. 1985).
· cites it 2× “The trial court held that plaintiffs’ action was barred by the twelve-month time limitation contained in K.S.A. 79-2804b, and also by laches. The Court of Appeals, in an opinion appearing at 9 Kan.”
J.A. Tobin Constr. Co. v. Williams, 263 P.3d 835 (Kan. Ct. App. 2011).
· cites it 2× “A property owner's due-process rights are violated and the sale is void when the owner doesn’t receive adequate notice that its property will be sold at a tax sale.”
Magnolia Petroleum Co. v. Moyle, 165 P.2d 419 (Kan. 1946).
· cites it 2× “Section 79-2804b recites as follows: “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 section 19 [79-2803] hereof, or any sale made…”
Dies v. McGinn (Kan. Ct. App. 2024).
· cites it 2× “Rather, Willits filed a third-party action against the Board and the abstract company under K.S.A. 79-2804b, a procedure unique to tax foreclosures.”
Unified Gov't of Wyandotte Co./KCK v. Adauto (Kan. Ct. App. 2024).
“Thereafter, Mosaic Construction filed a timely notice of appeal. ANALYSIS The sole issue presented in this appeal is whether the district court erred in denying Mosaic Construction's motion to set aside the tax sale.”
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