Rule VI Master commissioner
Baldwin's Kentucky Revised Statutes Annotated12th Judicial Circuit - Henry, Oldham and Trimble Circuit Courts
KY HOTC Rule VI
Rule VI Master commissioner
All owners (including owners and taxing authorities of unpaid delinquent taxes and unpaid taxes) who have a claim or interest in the property shall be made parties to the action and duly served with process.
Motions for Judgment and Order of Sale shall be filed not less than thirty (30) days before the date noticed for hearing of the motion. All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion. Any claim for delinquent taxes not submitted on motion for judgment at least seven (7) days prior to the date noticed for the motion will be limited to principal and interest only. Any other claim not submitted for judgment will be dismissed.
In an action involving the property of a party before the Court by constructive service alone, Plaintiff must comply with 4.11 regarding Bond.
Motions for Judgments and Orders of Sale shall include:
1) Balance due under the judgment with pre-judgment and post-judgment interest rates.
2) The name of the party or parties whose interest is being conveyed.
3) Plaintiff's counsel must make sure that the Judgment in the JOS adjudges the interest of each defendant name in the Complaint.
4) Listing of four required items the property is sold “subject to” (1) Current year ad valorem taxes, and all taxes due thereafter, (2) Easements, restrictions, and matters or record, (3) assessments for public improvements levied against the property, and (4) any facts which an inspection and accurate survey of the property may disclosed.
5) Street address of the property (if the property has no street address, a brief description of its location).
6) PVA Parcel ID #, if known.
7) Legal Description with the source of the title of the party or parties whose interest is being conveyed.
8) A statement that the property being sold is indivisible
9) Terms of sale compliant with S.Ct. Rules of Administrative Procedure, Part IV, Section 5 effective January 1, 2016 and any amendments thereafter and a statement that the property is to be sold according to the Local Rules.
10) A statement that determines the order of priority as listed:
1. The Master Commissioner of the Oldham/Henry/Trimble Circuit Court shall sell the property in a reasonable time, not to exceed ninety (90) days after the date of the order of referral except that property found to be “vacant and abandoned” shall be sold in accordance with KRS 426.205. Upon Motion and good cause shown, the court may extend the deadline established by this section for a period not to exceed thirty (30) days.
3. Before any real property is sold under a Judgment and Order of Sale, the appraisal value shall be determined by two disinterested persons both of whom are actively engaged in or have had at least one year of experience in the field of real estate. 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 prior to sale.
1. If a mobile home, or other structure requiring a certificate of title is located on the property, it shall be noted in the Complaint and Judgment and Order of Sale along with the year, make, model and VIN of said mobile home. It shall be stated whether the mobile home or other structure is a part of or affixed to the real estate or titled separately. If the mobile home has been converted to real estate pursuant to KRS 186A.297, a file stamped copy of the Affidavit of Conversion with recording information shall be attached to the Complaint.
3. In the event the “appraisal” report indicates the presence of a mobile home not mentioned in the Complaint, or the matter comes to the attention of the Master Commissioner, the Master Commissioner shall notify the Plaintiff or other party moving for sale, and shall not proceed with the sale until the issue has been addressed by Amended Complaint or further Order of the Court.
1.
a. At the time of sale the successful bidder shall either pay full cash or make a deposit of 10% of the purchase price in the form of a cash deposit, certified check or money order at the time of sale with the balance on credit of 30 days. If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the master commissioner, prior to the sale, to secure the unpaid balance of the purchase price. An individual purchaser may not serve as his/her own surety on the bond. A spouse may not serve as surety on the bond. The bond shall be for the unpaid purchase price and shall bear interest pursuant to KRS 426.705 at the rate the judgment bears from the date of sale until paid and shall have the force and full effect of a judgment. In the event the successful bidder is the Plaintiff, in lieu of the deposit the Plaintiff shall be allowed to bid on credit up to the judgment amount.
2.
a. The successful purchaser of the property (the “property purchaser”) shall be required to assume and pay all taxes upon the property for the current tax year and all subsequent years, (b) 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.
b. A party taking credit against its judgment pursuant to 6.3(2)(a), may elect to pay the delinquent taxes directly to any tax authorities and tax lien holders. If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner's Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.
c. The property shall be sold free and clear of any right, title or interest of all parties to the action and all liens and encumbrances thereon of any party except those who may be listed as exceptions per the Judgment and Order of Sale, i.e. “sold subject to”, priority liens, etc.. The sale of the real estate shall be made subject to all zoning and building regulations, restrictions, ordinances, easements, covenants, and rights-of-way, of record or otherwise.
3.
a. No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice. Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner. If no exceptions are filed within the10 day period, the Court shall enter an Order confirming the sale. If exceptions are filed, the Court shall set a date for a hearing on the exceptions.
(1) All motions for proposed “Orders of Distribution” shall be set for motion hour, and served upon non-defaulting parties and the Master Commissioner, with notice at least 10 days prior to Motion Hour. The Court requests the Master Commissioner appear and object if the proposed Order of Distribution is incorrect, or, in the alternative, serve written notice of any error prior to the date set for Motion Hour.
Credits
HISTORY: Amended effective February 21, 2018. Prior amendments effective November 19, 2008; September 27, 2010; May 21, 2012; February 10, 2015; April 10, 2017.
Henry, Oldham and Trimble Circuit Court Rule VI, KY R HENRY CIR CT Rule VI
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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