Rule III Master commissioner
Baldwin's Kentucky Revised Statutes Annotated13th Judicial Circuit - Garrard and Jessamine Circuit Courts
KY RGSC Rule III
Rule III Master commissioner
3.10 GENERAL REQUIREMENT
Judicial sales referred to the Master Commissioner(s) of the Garrard and Jessamine Circuit Court shall be conducted in accordance with the Administrative Procedures of the Court of Justice (AP) Part IV and Rule III herein as follows:
The Master Commissioner(s) of the Garrard and Jessamine Circuit Court shall not set sale dates until the party requesting the sale date has provided the following:
(2) A legal description of the property(ies) to be sold with a street address or a brief description of its location if no property address is available, AND any number(s) assigned to the property/parcel by the tax assessor for purposes of identification and record keeping such as the parcel or property identification number.
3.20 JUDGMENTS AND ORDERS OF SALE
The terms of sale to be stated in all Judgments and Orders of Sale and are as follows:
(1) The terms of the sale shall be either cash or ten (10%) percent of the purchase price in the form of a cash deposit at the time of sale and balance of the purchase price on a credit of 30 days. If the purchaser elects to take credit for the balance, then the purchaser will be required to execute a bond at the time of sale and furnish sufficient surety thereon approved by the master commissioner prior to the sale to secure the unpaid balance of the purchase price. Pursuant to KRS 426.705 the bond shall be for the unpaid balance of the purchase price and bear interest at the rate the judgment bears, from the date of sale until paid.
(2) The purchaser shall be required to assume and pay all taxes levied against said property for the current tax year and all subsequent years. The property shall be sold “as is”, “where is” and without warranty. Possession shall pass to the purchaser upon delivery of deed. Risk of loss shall pass to the purchaser upon execution of bond of sale or payment of the purchase price in full whichever occurs first.
(3) The property shall be sold free and clear of any right, title or interest of all parties to the action and all liens and encumbrances thereon of any party to the action. The sale of the real estate shall be made subject to all zoning and building regulations, restrictions, ordinances, easements, covenants, and rights-of-way, of record or otherwise.
3.30 ORDERS OF DISTRIBUTION
Orders of Distribution of funds held by the Master Commissioner shall:
If the amount of a secondary lienholder's interest is unknown, then that is to be stated in the Order of Distribution and the balance is to be held by the Master Commissioner pending further Orders of the Court.
Credits
HISTORY: Amended effective December 4, 2017. Prior amendments effective March 6, 2007.
Garrard and Jessamine Circuit Court Rule III, KY R GARRARD JESSAMINE CIR CT Rule III
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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