1. The legal description of the property including a street address (or if it has no street address, a brief description of its location and size), along with 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;

2. The name of the party or parties whose interest is being sold or conveyed;

3. The source of the party or parties' title, with deed book, page number and date of deed or recording date of deed and/or Affidavit of Descent or Will Book and Page number if property is inherited;

4. A signature and date line for the Master Commissioner;

5. A prepared by signature line of the attorney submitting the order;

6. A certificate of service by the Circuit Court Clerk;

7. Email address, physical address, and phone number of attorney submitting document;

8. Appropriate number of copies for the Court and all parties including submitting attorney and Master Commissioner;

9. All documents shall be submitted to the Circuit Clerk and the Master Commissioner as single page documents. No double-sided copies will be accepted.

10. Self-addressed stamped envelopes for all parties including the submitting attorney and the Master Commissioner;

11. A copy of all proposed Judgments and Orders set to be heard before the Court shall be submitted to the Master Commissioner no less than seven (7) days prior to the date for which the matter is set to be heard by the Court.

12. Terms specifying that the property shall be sold on a date and time to be fixed by the Master Commissioner at each respective county within the Circuit at the following locations, or at such other location as Ordered by the Court:

13. Language reflecting the priority of and request to pay all taxes for the current tax year which become due prior to the date of sale and all outstanding delinquent real property taxes without necessity of including the appropriate taxing districts as a party, which taxes shall be collected and paid from the foreclosure proceeds. The taxing districts of the respective counties of Bourbon, Scott and Woodford, inclusive of cities contained therein, shall not be named as parties or be required to file any response nor make any appearance in foreclosure actions in order to protect their specific claim for the payment of all unpaid real property taxes. Any ad valorem taxes that are currently due as of the date of the sale or delinquent at the time of sale shall be paid out of the proceeds of sale regardless of the entity that is owed those taxes. It shall be the responsibility of the party moving for the sale to obtain appropriate written payoffs from the tax entities through date of confirmation of sale and delivery of deed, which payoffs shall be filed in the Court record; and

14. If a mobile home or trailer is situated upon the real property which is the subject of the foreclosure action, it shall not be sold as a part of the real estate if the mobile home or trailer is licensed and/or taxed as a motor vehicle, and in such event, title to any such mobile home or trailer shall not be transferred by a Master Commissioner sale. Only if the mobile home or trailer is permanently affixed to the real estate, shall title to same pass via a Master Commissioner's Deed.

1. When any Order or Judgment is submitted to the Master Commissioner requiring advertisement, the submitting party shall deposit with the Master Commissioner an amount sufficient to pay the estimated costs of the proposed advertisement and/or appraisal for each property to be sold as determined in the discretion of the Master Commissioner. The Master Commissioner shall not schedule a sale or cause an advertisement or appraisal to be made until the deposit is paid.

2. When more than one sale is set for the same date, the Master Commissioner may advertise all such sales in one advertisement that includes the required information applicable to each action and sale. The total cost of advertising shall be apportioned among each of the various cases to which the advertisement applies.

1. Before conducting a sale, the Master Commissioner shall place an advertisement in a newspaper meeting the requirements of KRS 424.120, and setting forth the time, terms, place of sale and description of the property to be sold. All sales shall be advertised in accordance with KRS 424.130 as follows: The advertisement shall be published at least once not less than seven (7) days nor more than twenty-one (21) days before the date of the sale, but may be published two or more times provided that one publication occurs not less than seven (7) days nor more than twenty-one (21) days before the date of sale

2. If required by Order or statute, the Master Commissioner before making a sale of real property shall have the property appraised by two (2) disinterested persons who are not related to any parties to the action, both of whom are actively engaged in or have had at least one (1) year of experience in the field of real estate. Before making appraisals, the appraisers shall be sworn by the Master Commissioner. In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the Court record by the Master Commissioner prior to the sale.

3. The property shall be sold to the highest bidder provided:

4. A party who is the successful purchaser of the property may take credit against any judgment in that party's favor against the defendant property owner for the required deposit and purchase price to the extent that the sale price is sufficient to pay such judgment, considering the priorities and amounts previously adjudicated in the action.

5. The terms and conditions set out herein concerning Order of Sale and/or Delivery of Deed and Terms and Conditions of Sale may be adopted by reference to this rule in the Order or Judgment directing the sale or conveyance or shall be restated therein.

1. All Orders requiring distribution of funds held by the Master Commissioner shall set forth all amounts collected, identify the proper recipient(s) and the specific amounts due under the Judgment or Order.

2. For all disbursements to be made to taxing authorities or third-party purchasers of tax bills, a copy of the pertinent tax bill(s) shall be furnished to the Master Commissioner and set forth in the Order of Distribution relating to such sale.

K. 4.11 Bond. In accordance with CR 4.11, in all cases where constructive service has been obtained on any Defendant, each Order for delivery of a deed to a party who has obtained Judgment in the action or the distribution of sale proceeds held by the Master Commissioner shall be accompanied by a bond, in a sum to be fixed by the Court at not less than the fair market value of the property, which shall be the appraised value or the sales price of the property, whichever is higher, and with surety to be approved by the Court.

1. The fee for each judicial sale shall be calculated as 3% of the final bid. The fee based upon this calculation shall be no less than $400 and shall not exceed $5,000 unless the sale involves more than one property, parcel, or judgment. If the sale involves more than one property, parcel, or judgment, a fee of $650 per additional property, parcel, or judgment shall be assessed in addition to the fee calculated above.

If the sale is withdrawn, a fee of not more than 50% of the sale fee based upon the appraisal value of the property as calculated above, or $400, whichever is greater, shall be assessed. The fee based upon this calculation shall not exceed $2,500 unless the sale involves more than one property, parcel, or judgment. If the sale involves more than one property, parcel, or judgment, then 50% of the $650.00 fee per additional property, parcel, or judgment shall be assessed, in addition to the fee calculated above.

If the sale is withdrawn before an appraisal has been completed, a sale fee of $400.00 shall be assessed; or, upon good cause shown by proper motion, the Circuit Court may approve some other amount of fee not to exceed $2,500.

All cancelled sale fees must be paid, and Order of Distribution entered with the Court before a new sale date is set or a case is dismissed.

2. In addition to the fee authorized in subsection (1), above, the Master Commissioner may also recover necessary direct expenses attributable to the case referred for judicial sale including the cost of postage, copies, faxes, long distance telephone, advertising, appraisers, a licensed auctioneer pursuant to KRS 426.522, and the cost of the care of the property in his or her possession. As referenced in Rule XXV(F), a deposit shall be paid to the Master Commissioner sufficient to pay the direct cost of the sale. If a sale is withdrawn, incurred expenses will not be refunded.

3. A $50 fee shall be assessed for each approval of Order of Sale or Judgment, Report of Sale, Report of Cancelled Sale, and Notice of Sale.

4. A fee of $50 shall be charged for each report and recommendation(s) prepared on tendered foreclosure judgments in uncontested cases for enforcement of a mortgage or other lien. Additionally, a fee of $50 shall be charged for drafting any necessary deed or title and executing same.

5. In all mortgage foreclosure or real estate lien enforcement cases, the Judicial Sale Administrative Fee (JSAF) required by Part IV, Sec. 1(9) of the Administrative Procedures of the Court of Justice shall be collected by the Circuit Clerk along with the original filing fee. In all such actions involving the sale of multiple properties, a separate JSAF and order of referral shall be required for each property. The JSAF shall not be due and payable until a Motion for Judgment and Order of Sale is filed in an action. The Motion for Judgment and Order of Sale shall not be accepted for filing until the Clerk receives the JSAF and Order of Referral. Counsel for Plaintiff shall be responsible for preparation and filing AOC form 141S, Order of Referral, required in conjunction with payment of the JSAF. AOC form 141S, Order of Referral, shall be submitted to the Court after the Master Commissioner has reviewed and approved the JSAF, which Order shall not be entered by the Court until the JSAF is entered. The fee shall be transmitted by the Circuit Court Clerk to the Administrative Office of the Courts as directed by AOC. For a judicial sale that is withdrawn prior to the sale date and later re-scheduled for sale within six (6) months of the previous sale date, an additional $200 JSAF shall not be charged. Any withdrawn sale that is re-scheduled after more than six (6) months from the last sale date shall be considered a “new referral for sale.” For all properties not sold within six (6) months of the date of the last appraisal of the property filed of record, a new Order of Referral and JSAF shall be due and payable before a Motion is filed to reschedule the sale of the property, or in the absence of a motion, before the property can be rescheduled for sale.

6. The Master Commissioner or Receiver shall assess the following fees when paying out money or settling estates:

The fee shall not be assessed if a sale fee is assessed. For settlement of accounts of insolvent estates this computation shall exclude any amounts exempt from creditors. The fee shall never exceed $5,000.

7. When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.

8. For any other hearing in which there is not a sale, settlement, or receivership, a fee shall be assessed at $60 per hour in quarter-hour increments. These fees shall be paid to the Master Commissioner and shall be due on the fifth working day following the conclusion of the hearing. No more than $600 in hearing fees shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown. If a case is reopened, additional fees totaling no more than $200 may be assessed unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.

9. The fees charged by the Master Commissioner are subject to a schedule promulgated in Part IV of the Administrative Procedures of the Court of Justice and any amendment(s) thereto.

1. In all sales of real estate where an appraisal is required, the fee of each appraiser shall be $150.00, unless otherwise ordered by the Court. The fee shall be paid from the proceeds of the sale. In any action in which real property has not been sold within six (6) months of the date of appraisal, a new appraisal shall be required.

2. In sales of real estate under Judgment or Decree of Court, where an appraisal of commercial industrial real estate or real estate consisting of multiple parcels is required, the Court may, by Order, allow a fee in addition to that set forth above, for the appraisement including the time, labor and skill involved therein.

3. In sales of personal property under Judgment or Decree of Court directing an appraisal of personal property, the fee of each appraiser shall be fixed by the Court and shall be determined on such evidence as the Court may require regarding the kind and character of the property appraised; the number of items of property involved; its value, and the time, labor and skill involved in making said appraisal.