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Rule R21C-710 Filing of foreclosure complaints

Baldwin's Kentucky Revised Statutes Annotated21st Judicial Circuit - Rowan, Montgomery, Menifee and Bath Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
21st Judicial Circuit - Rowan, Montgomery, Menifee and Bath Circuit Courts
Rule 7. General Civil Cases (Applies to Family Law Cases)
KY RMMB Rule R21C-710
Rule R21C-710 Filing of foreclosure complaints
Currentness
Pursuant to CR 8.01 (1) and CR 17.01, Plaintiffs filing foreclosure complaints must show that Plaintiff is the holder of the note and mortgage at the time the complaint is filed. The complaint at the time of the filing must be accompanied by all of the following:
(a) A copy of the promissory note with all endorsements;
(b) A copy of the recorded mortgage;
(c) An affidavit of the Plaintiff, its representative, its attorney or its servicer documenting that the named Plaintiff is the original note holder and mortgagee; or is an assignee, trustee or successor-in-interest of the original note holder and mortgagee; and identify the specific capacity in which Plaintiff is pursuing the action;
(d) A copy of all assignments of the note and mortgage, if Plaintiff is not the original note holder and mortgagee, evidencing the complete chain of assignments. The assignment of the note and mortgage to the named Plaintiff must be executed prior to the filing of the foreclosure complaint;
(e) Documentation establishing Plaintiff as a successor-in-interest if Plaintiff is a successor-in-interest;
(f) In foreclosure actions involving mobile homes which have not had their wheels and axels removed, and in which the foreclosing party has a recorded lien, the judgment submitted to the Court SHALL include the Vehicle Identification Number (VIN) of said mobile home.

Credits

HISTORY: Adopted effective August 29, 2012.
Rowan, Montgomery, Menifee and Bath Circuit Court Rule R21C-710, KY R ROWAN CIR CT Rule R21C-710
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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