Appendix MC
Baldwin's Kentucky Revised Statutes Annotated15th Judicial Circuit - Carroll, Grant and Owen Circuit Court
KY CGOC App. MC
Appendix MC
SAMPLE JUDGMENT AND ORDER OF SALE |
FOR MASTER COMMISSIONER SALES |
COMMONWEALTH OF KENTUCKY |
UNIFIED COURT OF JUSTICE |
(CARROLL)(OWEN)(GRANT) CIRCUIT COURT |
CIVIL ACTION NUMBER __________ |
____________________ | PLAINTIFF(S) |
VS. JUDGMENT AND ORDER OF SALE |
____________________ | DEFENDANT(S) |
This matter having come before the Court pursuant to Plaintiff's Motion for Default Judgment against the Defendant(s), this Court having reviewed the pleadings and affidavits filed herein, and being otherwise sufficiently advised.
IT IS ORDERED AND ADJUDGED that:
2. That to secure payment of its judgment set forth in paragraph 1 the Plaintiff is adjudged a first mortgage lien against the following described real estate, together with all improvements thereon, appurtenances thereto belonging, and the rent, issues and profits thereof, prior and superior to any and all other liens and encumbrances except the following:
3. The relief demanded in the Complaint is granted, the mortgage liens of the parties shall be enforced and the interest of the said Defendant(s) in and to said property shall be sold, and to that end, the Commissioner of this Court is hereby directed to sell the above described property at the __________ County Courthouse door on __________, at ___.m. prevailing time;
4. Before making the sale, the Commissioner shall cause the real estate herein before described to be appraised by two (2) disinterested, intelligent housekeepers of __________ County, Kentucky, who shall report their appraisals in writing, and the Commissioner shall advertise said sale by publishing advertisements in each newspaper regularly published in __________ County, Kentucky, for at least three (3) weekly issues before the date of the sale, which advertisements shall contain the style of this case, the description of the real estate to be sold, the date, hour and place of sale, together with the terms of the sale and the amount of money to be raised. Advertisements containing the same information shall be published in at least three (3) public places in the vicinity of the property being sold, not less than fifteen (15) days before the date of the sale. The sale shall be a public auction to the highest and best bidder, to be held at the __________ County Courthouse door, __________, Kentucky.
5. The property hereinabove described is indivisible and cannot be divided without materially impairing its value or the interest of Plaintiff, and said real estate shall be sold as a whole, subject to those items in paragraph 2 a, b, c and d above, but free and clear of all other liens and encumbrances, and all liens and/or interests arising by virtue of instruments which are recorded in the __________ County Court Clerk's Office, or otherwise arise, after the recording of the Plaintiff's lis pendens notice, but the Plaintiff shall not be deemed to have warranted title to any purchaser. The Purchaser shall be responsible for the __________ (current year) real estate taxes.
6. The real estate shall be sold on the terms of ten percent (10%) cash at the time of the sale, except that said deposit shall be waived if the Plaintiff is the successful bidder at the sale, and the balance on a credit of thirty (30) days bearing interest at the rate of twelve percent (12%) per annum from the date of sale. When the purchase price is paid in full, the deed will be delivered to the purchaser. It is further provided that the property sold includes insurable improvements and the successful bidder at said sale shall, at bidder's own expense, carry fire and extended insurance coverage on said improvements from the date of sale until the purchase price is fully paid, in the amount of the unpaid balance of the purchase price, whichever is less, at a minimum, with a loss payable clause to the Commissioner of the __________ Circuit Court and the Plaintiff herein. Failure of the purchaser to obtain such insurance shall not affect the validity of the sale or the purchaser's liability there under, but shall entitle, but not require, the purchaser as purchaser's costs.
To the costs of the sale, including all Commissioner's costs;
To the payment of all City and/or County real estate taxes which are past due;
To the full satisfaction of the judgment in favor of the Plaintiff set forth in paragraph 1;
The balance of the sale proceeds, if any, shall be held by the Commissioner of this Court pending further Orders of this Court;
Credits
HISTORY: Amended effective July 8, 2013. Prior amendments effective February 1, 2008; April 13, 2012.
Carroll, Grant and Owen Circuit Court App. MC, KY R CARROLL GRANT OWEN CIR CT App. MC
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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