Local Rule 12 Master commissioner practice
Baldwin's Kentucky Revised Statutes Annotated5th Judicial Circuit - Crittenden, Union and Webster Circuit Courts
KY CUWC Rule 12
Local Rule 12 Master commissioner practice
Rule 12.01--References to the Master Commissioner
References shall be made to the Master Commissioner as provided by the Rules of Civil Procedure, by the Kentucky Revised Statutes, by these Rules, or by Court order in individual cases. All motions seeking an order of reference to the Master Commissioner shall be served on the Master Commissioner pursuant to CR 5.02 as follows:
Stephen M. Arnett | Brandi Rogers | Joel C. Rich | |
Union Co. Master Commissioner | Crittenden Co. Master Commissioner | Webster Co. Master Commissioner | |
109 S. Morgan Street | P.O. Box 361 | P.O. Box 248 | |
P.O. Box 419 | 200 S. Main Street | 1358 U.S. Hwy. 41A South | |
Morganfield, KY 42437 | Marion, KY 42064 | Dixon, KY 42409 |
All orders of sale, including judgments containing orders of sale, shall be filed with the Master Commissioner for examination and approval prior to entry by the Court. The Master Commissioner shall examine all such orders and, following his approval, shall forward same to the Court for entry at the hearing on the party's motion seeking such order. An approval by the Master Commissioner is his certification that said order complies with the Kentucky Revised Statutes, the Rules of Civil Procedure, the Administrative Procedures of the Court of Justice (AP) Part IV, and with the Rules of the 5th Judicial Circuit.
Rule 12.02--Orders of Sale
9. A directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property, provided that such directive also identifies the person or persons in whose name the property has been taxed and the name and address of the entity to be paid, the year in which the tax is due, and the lax bill number. No Commissioner's deed shall propose to convey the interest of any taxing authority for taxes assessed against the property sold unless such taxes have actually been paid. You may fax the Master Commissioner a statement regarding delinquent taxes, without re-filing an amended judgment and order of sale. The sale date cannot be rescheduled until this information is received.
10. Language as set out herein: “Purchaser may pay cash or said property will be sold upon payment of 10% deposit, with the balance upon credit of 30 days, The purchaser shall execute a good and sufficient bond with approved surety thereon for the purchase price, the bond to bear interest at the rate of twelve percent (12%) per annum from the date thereof, until paid, and to have the force and effect of a judgment, but a lien shall be retained on said property to further secure the payment of the purchase price. At his option, the purchaser may pay cash or pay the bond with accrued interest at any time before its maturity. Said sale to be made free and clear of any and all liens, claims, rights, title and interest of any and all parties to this action, excepting easements and restrictions of record in the County Clerk's office of each respective county in which the property is located, and such right of redemption as may exist in favor of the United State of America or the defendant(s). The purchaser will be prepared to promptly comply with these terms or the said property will be immediately offered again for sale.”
11. Language as set out herein: “The purchaser may require occupant to vacate premises upon ten (10) days written notice a any time after the date of sale. The Purchaser is hereby given a WRIT OF POSSESSION, which entitles the Purchaser to immediately enter and take possession of this property, and the Sheriff of the respective County is authorized and directed to evict any party or parties to this case occupying or claiming an interest in said property adverse to the Purchaser.”
Rule 12.03--Judicial Sales
A. The Master Commissioner will notify the attorneys of record when a sale date has been scheduled. Immediately following a sale, the Master Commissioner shall make his/her report to the Court which shall be noticed by the Clerk and shall lie over in accordance with CR 53.05 and AP Part IV, Sec. 5. If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale. Unless the Court otherwise directs in the Order of Sale, no bond shall be required of a purchasing creditor seeking to enforce its mortgage or lien on the property.
B. The Master Commissioner shall normally prepare the following documents in connection with any judicial sale: Deficiencies in Judgment Report; Notice of Sale for advertising and posting; Commissioner's Report of Sale; Order of Confirmation; Order of Distribution; and Commissioner's Deed. When the facts of a particular case render it necessary or desirable that a party prepare any of these documents, that party or attorney shall coordinate the preparation with the Master Commissioner. All motions concerning any matter referred to the Master Commissioner shall be served on the Master Commissioner as if he/she were a party who had appeared in the action.
Rule 12.04--Fees
A. In order to be consistent within the 5th Judicial Circuit and to allow bidders at judicial sales more certainty for predicting actual Master Commissioner fees and costs, the Court will follow the Administrative Procedures of the Court of Justice (AP Part IV, See. 6, for allowance of Master Commissioner fees.
B. For each report prepared, the Commissioner will be awarded $50.00 and for preparing the Commissioner's Deed, the Commissioner will be awarded $50.00. However, any additional routine documents drafted as may be necessary are included in the fees otherwise allowed under Section 6 of Part IV. These Rules shall update/revise in accordance with revisions made to the Administrative Procedures of the Court of Justice.
Credits
HISTORY: Amended effective March 26, 2014. Prior amendments effective July 8, 2008; December 2, 2009.
Crittenden, Union and Webster Circuit Court Rule 12, KY R CRITTENDEN CIR CT Rule 12
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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