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Local Rule 12 Master commissioner practice

Baldwin's Kentucky Revised Statutes Annotated5th Judicial Circuit - Crittenden, Union and Webster Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
5th 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.
A. The Deficiencies in Judgment Form shall be used to notify Plaintiffs Counsel and the Court of any deficiencies should the Master Commissioner not approve the order of sale.
B. following his approval the Master Commissioner shall use the Deficiencies in Judgment Form to notify the Court that said order complies with the Kentucky Revised Statutes, the Rules of Civil Procedure, AP Part IV, and with the Rules of the 5th Judicial Circuit.
Rule 12.02--Orders of Sale
A. Orders for the sale of property shall contain:
1. A complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as “etc.” or “et al.” shall not be used
2. A legal description of the property sought to be sold, together with the source of title of the present owner or owners.
3. The address of the property sought to be sold or, if it is true, a recitation of the fact that the properly has no address.
4. The dollar amount of the judgment on a day certain, together with the daily amount of accruing interest or contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money).
5. The names of all parties who are in default.
6. The VIN and description of mobile home or statement of conversion if there is a mobile home on the property.
7. Special conditions of sale, for example, properly to be sold on site, specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute.
8. A directive that the Master Commissioner execute releases of mortgages, lis pendens, and liens foreclosed and extinguished by reason of the judicial sale; it shall also contain the book and page number where each lien to be released is recorded.
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.”
B. Orders of sale shall not contain:
1. Specific dates on which the sale is to be conducted.
2. Designations of the auctioneer or appraisers to be used by the Master Commissioner, provided; however, if a party knows of any reason that an auctioneer or appraiser should be disqualified to serve in a particular case, such disqualification may be made a part of the order of sale.
3. The final Plaintiffs attorney fee should be left blank on the order of sale for the Court to determine what is reasonable.
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.
C. When property is purchased by a person not a party to the action, all subsequent motions and reports concerning confirmation of the sale (including any objections to the Commissioners Report) shall be served on the purchaser in accordance with CR 5.02.
D. The Master Commissioner will allow bids by mail or fax only if agreed to by the Plaintiff and authorized in the original Order of Sale.
E. The Master Commissioner does not allow withdrawals of sale by phone; withdrawals by mail or fax are allowed only if authorized in the original Order of Sale and received at least one hour prior to the sale.
F. Any purchaser making an assignment of its bid to another entity shall file same with the Clerk of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (I) week of the date of sale.
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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