Kentucky Foreclosure Laws

Kentucky Foreclosure Laws: Pre-foreclosure Period

Kentucky foreclosures occur under court order. The only exception is with abandoned properties, where a lender may take possession once a borrower defaults.

A complaint and notice of pending action (Lis Pendens) are filed to start the foreclosure process. The sheriff typically delivers a notice of the pending action to the borrower, who has 20 days to respond. If the borrower fails to respond, the lender asks the court to make a ruling. If the court rules against the borrower, a foreclosure sale date is set. The property must be appraised prior to the sale. 

Kentucky Foreclosure Laws: Notice of Sale / Auction

The sale usually occurs at least one month after the court rules against the borrower. The notice of sale must contain the date, location, and terms of the sale, and it should be published for three weeks in a newspaper. Any postponement of the sale must occur through a court order. The sale, conducted by a court official called a master commissioner, usually occurs at the courthouse, and the highest bidder purchases the property. The purchaser may pay in cash or post bond to pay in installments. After the sale, a motion to confirm is heard, and the deed is prepared and presented to the clerk.

If the sale price is less than two-thirds of the appraised value, the borrower has the right to redeem the property from the buyer by paying the sale price plus interest. This redemption period lasts for one year from the foreclosure sale date.