Tag: Lien

Jefferson County Kentucky Foreclosures Information


Jefferson County Kentucky Foreclosures Information

 

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Frequently Asked Questions

The Commissioner’s Office cannot give legal advice.  The following are frequently asked questions that are procedural:

.margin { MARGIN-LEFT: 15px } [-] I just purchased property at the commissioner sale. What do I need to do now?

Discuss with an attorney the necessity for a title search. Thirty (30) days from the date of sale one-fourth (1/4) of the bid price, including deposit paid the day of sale, needs to be paid into the Commissioner’s Office. Six (6) months from the date of sale the balance of the bid price needs to be paid. Interest is 12% per annum on the unpaid balance.

[-] When do I get access to the property?

You are entitled to possession of the property after the Report of Sale has been confirmed by the Court. This can happen any time ten (10) days after the Report of Sale has been filed in the Court record.

[-] How do I get keys to the property?

Through the party whose judgment under which the property was sold or its attorney.

[-] What happens after all liens have been satisfied and there is money left over?

The original property owners have a right to those funds.

[-] Someone is still living in the home. What should I do?

If they refuse to leave, the Court can enter a writ of possession directing the sheriff of Jefferson County to set the individuals and their property out.

[-] I cannot meet the 30-day or six-month deadlines. What should I do?

Contact the attorney for the party under whose judgment the property was sold.

[-] What if the Commissioner’s Sale brings less than two-thirds (2/3rds) of the appraisal?

The homeowner has a one year right of redemption.

[-] What is a right of redemption?

It is a right held by the property owner giving them one year to repay to the purchaser the amount of money paid into the Commissioner plus 10% per annum. KRS 426.530

[-] Whose name is on the Commissioner’s deed?

The Commissioner’s deed will be in the name of the purchaser at the Commissioner’s Sale. If the purchaser desires it be titled otherwise, the purchaser can file an Assignment of Bid in the Court record and the deed will then be titled in the assignee’s name.

[-] How do I make payments to the Commissioner’s Office for my bid price?

Only in cash or certified funds for the sale day deposit and only certified funds thereafter.

[-] Where are the sales conducted?

Usually on the first floor of the Old Jail Building, 514 West Liberty Street, Louisville, Kentucky. On occasion if they are held elsewhere, notice may be obtained from the Commissioner’s Office or this website.

[-] Can I inspect the property before the Commissioner’s Sale?

Only if the individuals in possession allow it (or by contacting the attorney for the party who has a Judgment and Order of Sale) if the property is vacant.

[-] Is the property insured?

It is the responsibility of the purchaser at the Commissioner’s Sale to insure the property, to the extent of the purchaser’s interest, until purchaser takes full title.

[-] Where can I get a list of foreclosure actions filed in Jefferson County or placed on a mailing list?

No such list is maintained. The Commissioner’s Office does not create a mailing list or mail information to individuals.

[-] When do I get the deed to the property?

You will need to move the court for a deed, tender an order, and pay the purchase price plus interest.

[-] If my post-purchase title search shows liens by entities not parties to the litigation?

File in the Court record an objection to confirmation of sale. This will bring the lienholder issue to the Court for resolution.

[-] What happens if I fail to pay the full balance of my bid price?

You run the risk of losing any monies you have paid up to that point and if the property sells the second time for less than what you paid for it, you might be liable for the difference.

[-] Can I get my deposit back if I do not like the property or if I cannot get financing?

No.

[-] Is a bond necessary from the purchaser?

Yes. The bond requirement can be satisfied with either a corporate surety or if a property owner, not having an interest in the litigation, signs a bond pleading real estate located in Jefferson County. KRS 426.705

 

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