Kentucky Foreclosure Law

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Kentucky Foreclosure Laws

Typical Kentucky Foreclosure Time Frame – Varies greatly according to Kentucky foreclosure laws.

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – No

Types of Security Instruments – Mortgage

Right of Redemption Period – Yes

Kentucky foreclosure laws require that a judicial foreclosure be sought in order to foreclose on the property.  Non-judicial foreclosures are not allowed under current Kentucky foreclosure law.

In order to obtain a judicial foreclosure the lender must first file a suit with the Kentucky circuit court that has jurisdiction over the property.  This lawsuit is required in order to obtain the Judgment of Foreclosure.  The complaint is required to be served on the borrower.  Once the borrower has been served, they have a minimum of 21 days to respond to the suit.

In the event that there is no response by the borrowers, a Default Judgment is issued by the court.  If however, the borrower does appear in court but a default is apparent in the mortgage then a Summary Judgment as well as a Notice of Sale are issued by the courts.  Once this occurs, the property may be advertised as being for sale.

According to Kentucky foreclosure law, the Notice of Sale is required to include the total balance that is due on the mortgage and is required to be published a minimum of once a week for three consecutive weeks.  It is required under Kentucky foreclosure law that the property be appraised to determine the value. 

The borrower is allowed a period of 365 days or 1 year to redeem the property if it sells for less than 2/3rds of the appraised value by paying the sale price of the home, plus any applicable interest.

The lender is allowed to seek a deficiency judgment under certain circumstances.  However, in order to be eligible the borrower must have been served with the complain for the foreclosure process, and they failed to respond.  If the borrower does respond to the courts, the lender is barred from seeking a deficiency judgment.

For more information on Kentucky foreclosure laws click here.

 

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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.