Kentucky Foreclosure Help: Know Your Timeline, Know Your Equity

The earlier you act, the more options you may have.

Kentucky foreclosures go through court

Every Kentucky residential foreclosure is judicial. The sale is conducted by a court-appointed master commissioner and must be confirmed by the court. You are served with the complaint and generally have 20 days to answer.

Timelines commonly run six to fourteen months.

The appraisal decides whether you have any rights after the sale

Before the sale, two appraisers appointed by the court appraise the property — often a drive-by appraisal. That number then controls everything that happens afterward.

Notice of sale is posted at the courthouse door and at three other public places near the property, and advertised by newspaper publication stating the time, place and terms of sale and describing the property.

Redemption exists only below two-thirds — and it is short

This is the Kentucky rule to understand. If the property sells for less than two-thirds of its appraised value, you have six months from the day of sale to redeem. If it brings two-thirds or more, there is no redemption at all.

To redeem you pay the original purchase money plus 10% annual interest, plus the purchaser's reasonable costs for maintenance, repairs, utilities, insurance, taxes and code compliance, paid into the clerk of the court that rendered judgment.

Two cautions. First, the period was cut from one year to six months in 2014 — older summaries still say a year and are wrong. Second, redemption here is purchaser-friendly: where the right exists, the purchaser still receives an immediate writ of possession, so you lose the house physically even while the right survives on paper.

Deficiency

Kentucky generally permits a deficiency judgment for the difference between the total debt and the sale proceeds. There is no fair-value offset statute.

What this means if you are behind in Kentucky

Kentucky has no statewide foreclosure mediation program. Whether you end up with any post-sale rights turns almost entirely on the ratio between the winning bid and a court-appointed appraisal you have little practical ability to influence.

That argues strongly for acting before the sale. A 20-day answer deadline, a court appraisal you can participate in through counsel, and a realistic view of what the property is worth are the three things that move a Kentucky case.

A note on what this page is

This is general information about how the foreclosure process works in this state. It is not legal advice and it is not a prediction about your loan. Timelines vary by lender, by servicer, by county and by the specifics of your file, and the law changes. If you are facing foreclosure, a conversation with an attorney licensed in your state about your particular situation is time well spent — and a confidential review with us costs you nothing and commits you to nothing.

Understand your value. Know your equity. Review your options.

One confidential review. Every available option. Call or text 888-870-0443.

KW Home Solutions, part of KW Default Solutions and powered by Keller Williams Realty. Corporate Office: Laguna Niguel, CA.

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