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Rule 12. Master Commissioner Sales

Baldwin's Kentucky Revised Statutes Annotated50th Judicial Circuit - Boyle and Mercer Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
50th Judicial Circuit - Boyle and Mercer Circuit Court
KY RBMC Rule 12
Rule 12. Master Commissioner Sales
Currentness
Practice before the Master Commissioner shall be as provided by the Administrative Procedures of the Court of Justice (AP) Part IV, the Rules of Civil Procedure, applicable Kentucky Revised States (KRS), these Rules, or by court order in individual cases.
12.1. Proposed Judgments for Orders of Sale shall be prepared by the party requesting same and in accordance with the provisions of applicable law and these Local Rules.
12.2. Judgments for Orders of Sale to be conducted by the Master Commissioner shall be submitted for his/her review with a “Have Seen” line for his/her signature, not less than five (5) days prior to any hearing before the Court.
12.3. When any order/judgment is submitted to the Master Commissioner requiring appraisal, advertisement, or sale, the party submitting the order shall deposit the amount of Two Thousand, Five Hundred Dollars ($2,500.00), with the Master Commissioner, no later than 10 days following entry of the order/judgment.
12.4. Notwithstanding the provisions of all other applicable law, Judgments for Orders of Sale shall contain the following:
A. Requirements for sale in accordance with KRS Chapters 424 and 426, et. seq.
B. Styled with the names of all parties.
C. A specific designation of all costs, liens, taxes or encumbrances to be paid.
D. That the date and time of sale shall be determined by the Master Commissioner.
E. That Purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and subsequent years.
F. That at the time of the sale, the successful bidder shall either pay cash or make a deposit of at least 10% of the purchase price with the balance on credit for thirty (30) days. If the purchase price is not paid in full, the successful bidder shall be required to give bond with a sufficient surety approved by the Master Commissioner prior to the sale for the unpaid balance of the purchase price. The bond shall bear interest at the rate the Judgment bears from the date of the sale until paid.
12.5. Withdrawal or abatement of any judicial sale after entry of Judgment and Order thereon shall be made by motion and Order prior to the date and time of the sale.
12.6. As of 1/1/2023, every request for sale requires entry of new AOC form 141S and payment of a $200 judicial sale administrative fee to the clerk before the master commissioner schedules a sale. See AP Part IV, eff. 1/1/23.
12.7. Master Commissioners of the 50th Judicial Circuit shall maintain their office and records of sales at the location where they regularly practice law.

Credits

HISTORY: Adopted effective August 31, 2023.
Boyle and Mercer Circuit Court Rule 12, KY R BOYLE CIR CT Rule 12
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document