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CLR 38-23 Judicial sales

Baldwin's Kentucky Revised Statutes Annotated38th Judicial Circuit - Butler, Edmonson, Hancock and Ohio Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
38th Judicial Circuit - Butler, Edmonson, Hancock and Ohio Circuit Court
KY BEHO Rule CPR 38-23
CLR 38-23 Judicial sales
(1) Copies of motions for judicial sales and judgments and orders of sale tendered therewith shall be served on the Court's Master Commissioner, as upon other parties not in default pursuant to CR 5.
(2) A 30-year opinion of title on the property to be sold, signed by a lawyer licensed to practice in Kentucky, shall be served on the Master Commissioner by the party that moved for sale prior to the Commissioner's having to schedule sale. Alternatively, the moving party may have the Commissioner hire an attorney who is familiar with title examination in the County to provide an opinion of title.
(3) The document may be either an opinion of title addressed to the Commissioner, or it may be a copy of an opinion addressed to the moving party or to the party's attorney, and it shall include an accurate description of the property and:
(a) Complete sources of title of all persons with present and inchoate interests of record;
(b) Exact fractional interest of title owners holding jointly;
(c) All unreleased liens of record and the approximate present payoff required to release each lien (according to lienholder); and
(d) All tax bills and certificates of delinquency payable within statute of limitations, including amount payable (with penalty), number of bill or certificate of delinquency, and date of certificate of delinquency or, if sold to a third party, date of sale.
(4) Reasonable attorney fees for title opinions may be claimed and assessed as costs of sale.
(5) If the property has a building that has been vacated, a key should be delivered to the Master Commissioner upon or before issuance of Notice of Sale. If a building is occupied, the order of sale must give the Master Commissioner authority to enter to show the premises to appraisers and prospective purchasers. If keys cannot be obtained, please advise so that a lock-smith may be engaged.
(6) Posting, Display advertising, Professional auctioneer service, and Sale on site require specific order and budget. Please note that Posting is not required by law: KRS 426.200(2), 426.560; Ward v. Vanhoose, 222 Ky. 135, 300 SW 337 (1927). Please do not include Posting in your order of sale without budget: Miller v. Cisco, 279 Ky. 440, 130 SW 2d 783 (1939). Notice of Sale nonetheless may be posted on Courthouse doors as a matter of course and will be advertised in the local paper for three weeks preceding sale. Since all sales are advertised according to law, it is not necessary to include specific provisions of notice or advertisement in order of sale.
(7) Specific costs payable other than those recited specifically in judgment and order of sale or opinion of title that will not be included in a party's motion for fees and costs, must be disclosed to the Commissioner before motion for distribution. For payment of a warning order fee from proceeds of sale, the plaintiff's attorney or the warning order attorney must serve a copy of the order approving the fee on the Commissioner before motion for distribution.
(8) Unless the Master Commissioner agrees prior to the sale, ten percent of purchase price or $2,000, whichever greater, must be paid at sale, with bond for balance with surety approved by Commissioner, with interest at 12 percent per annum from lender of possession or deed, whichever is earlier. A deed without warranty will be tendered at Court's next monthly motion day that falls at least 10 days from the dale of report of sale. These terms are standard policy, in accord with law, and need not be included in order of sale. Parties entitled to sale proceeds may be entitled to waiver of surety on bond, in Commissioner's discretion, but must nonetheless pay cash deposit unless otherwise agreed.

Credits

HISTORY: Adopted effective July 6, 2015.
Butler, Edmonson, Hancock and Ohio Circuit Court Rule CPR 38-23, KY R BUTLER CIR CT Rule CPR 38-23
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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