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Rule BCR 900 Master Commissioner

Baldwin's Kentucky Revised Statutes Annotated55th Judicial Circuit - Bullitt Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
55th Judicial Circuit - Bullitt Circuit Court
KY RBUC Rule BCR 900
Rule BCR 900 Master Commissioner
Rule 900.10 INCLUSION BY REFERENCE IN JUDGMENT OF PROCEDURE OF SALE
Every judgment directing the Master Commissioner of this court to sell real estate, unless the judgment specifically states otherwise, will be considered to include the following provisions, which will be part of said judgment-by reference therein to this rule.
The Master Commissioner of this Court hereby directed to sell the real estate described in the judgment, at public auction to the highest bidder on some Tuesday morning about the hour of 9:00 a.m. at the first floor of the Courthouse in Shepherdsville, Kentucky, after first having advertised the sale as to its time, terms and place, for at least ten (10) days prior to the date of sale, also by inserting notice thereof as to it's time, terms, and place of sale, together with the street address or a short description of said parcel of land, for once a week for three (3) successive weeks next preceding the date of sale, in the daily newspaper of largest circulation published in Bullitt County, Kentucky.
The real estate shall be sold on terms of one-fourth down and the balance on credit 90 days, bearing interest at the rate of twelve (12) percent annum from date of sale. When the purchase price is paid, the deed shall be delivered. It is further provided that where the property sold includes insurable improvements, the successful bidder at such sale shall at such bidder's own expense, carry fire and extended coverage insurance on said improvements from that date of sale until the purchase price is paid to the extent obtainable or to the court appraised value of said improvements or to the unpaid balance of the purchase price, whichever is less, with loss cause payable first to the Commissioner of the Bullitt Circuit, or first to the person or persons entitled under the judgment to receive the purchase price. Failure of purchaser to purchase such insurance shall not affect the validity of the sale or the purchaser's liability there under, but shall entitle the party or parties entitled to receive the purchase price to effectuate said insurance and furnish the policy, or evidence thereof to the Commissioner if they so desire and the premium thereon or the proper portion thereof shall be charged to the purchaser as purchaser's cost.
All judgments requiring real estate to be sold shall contain a provision that any Ad Valorem delinquent taxes shall be paid from the proceeds of sale prior to the distribution of any proceeds of sale. In the event that the property is purchased by the plaintiff, the plaintiff shall certify to the Commissioner that all delinquent taxes have been paid prior to a deed being issued. In the event a third party is the purchaser, the plaintiff shall notify the Commissioner immediately upon filing the report of sale of any delinquent taxes owed on the real estate.
Rule 900.20 CONFIRMATION OF REPORT OF SALE
Ten (10) days after the filing of a Commissioner's Report of Sale and no obligations having been filed thereto, an Order Confirming Sale shall be filed with the Clerk of the court who shall submit the order to the court. The party submitting the order shall serve copies of it as required CR5 and so certify. The purchaser shall be served.
Rule 900.30 MASTER COMMISSIONER FEES
The fees charged by the Commissioner are subject to schedule promulgated and regulations of the Supreme Court of Kentucky, Rules of Administrative Procedure, Part IV.
Rule 900.40 APPRAISER'S FEES - APPRAISING REAL ESTATE
In sales of real estate under judgment of decree of court where an appraisement is required the fee of each appraiser for appraising said property to be taxed as costs shall be $150.00. Provided however, in sales of real estate under judgment or decree of court where an appraisement of commercial or industrial real estate or real estate consisting of multiple apartments or multiple parcels, the court may allow by an order in said action a fee in addition to that above set forth for the appraisement including the time labor and skill involved therein.
In sales of personal property under judgment or decree of court where an appraisement of said property is directed by said judgment or decree of sale, the fee of each appraiser shall be determined by the court on such evidence as the court may require showing the kind and character of property appraised the number of items of property involved, its value, and the time, labor and skill involved in making said appraisement.
Rule 900.50 OTHER REFERRALS
The court may make such other referrals to the Master Commissioner as it may in its discretion determine. Referrals may be had on motion or sua sponte. Fees for the Master Commissioner on such referral shall be those allowed by the Supreme Court Rules of Administrative Procedure, Part IV.

Credits

HISTORY: Amended effective October 31, 2007.
Bullitt Circuit Court Rule BCR 900, KY R BULLITT CIR CT Rule BCR 900
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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