- Who sends it
- The circuit court clerk issues it; the sheriff or another server delivers it, or a warning order attorney tries to reach you if you cannot be found
- What it starts
- 20 days to file a written answer with the circuit court clerk, counting from the day after you were served
- Do this first
- Write down the date you were served and contact your legal aid program the same day
What this paper is in Kentucky
Kentucky has no out-of-court foreclosure. The lender files a complaint in the circuit court of the county where the home is, and you are served with the court's Civil Summons, form AOC-105. The current form (Rev. 8-26) tells you a lawsuit has been filed, to read the summons and the attached lawsuit carefully, and that you or your attorney must file a written defense, usually called an Answer.
Kentucky Housing Corporation explains that a notice of the pending action is filed at the same time, so anyone checking the property records can see the case. Compare with the national summons and complaint page and read how foreclosure works in Kentucky.
What it does and does not mean
- It is not a sale date and not an eviction. You still own and live in the home while the case goes on.
- It can lead to a money judgment. In Kentucky the court can order the home sold and also enter a personal judgment against you for the debt in the same case (KRS 426.005(1)). See Kentucky deficiency judgments.
- How you were served matters. If you were only constructively summoned, for example through a warning order attorney, and you never appear, no personal judgment can be entered against you (KRS 454.165). The home can still be sold. Filing papers can count as an appearance, so talk to legal aid before you decide how to respond.
- Kentucky law does not give you a right to stop the case by paying only the missed payments (KRS 426.005(2)). Ask your servicer for a written reinstatement quote anyway; your loan contract or the servicer may allow it.
The deadline and how to count it
- The summons says you must file a written Answer within 20 days following the date you received the summons, and that the 20 days starts to run the day after you were served.
- Count calendar days. Day 1 is the day after service. Weekends inside the 20 days count.
- File the Answer with the Circuit Court Clerk in the county listed on the summons.
- You must also serve a copy on each plaintiff, or on the plaintiff's attorney if it has one, by mail, hand delivery or another method allowed by Civil Rule 5, and file a certificate of service stating the date and method. The summons says the certificate can be filed with your Answer.
- If the 20th day falls on a weekend or court holiday, ask the clerk how it is counted, and do not wait until then.
What to do this week
- Use Kentucky Justice Online's county search to find which of the four legal aid programs serves you, and apply right away.
- Visit the Kentucky Court of Justice Legal Self-Help page if you must respond on your own.
- Draft and file your Answer before day 20, serve the lender's attorney, and file the certificate of service. Keep copies stamped by the clerk.
- Send your servicer a complete loss mitigation application and work with a free housing counselor through the Kentucky Homeownership Protection Center. The Team Kentucky Homeowner Assistance Fund is closed.
- Open every piece of mail from the court and the lender's attorney. The next papers can move fast.
Scam warnings
In Kentucky, anyone who charges for foreclosure assistance is a debt adjuster. On mortgage debt, they may not take any fee before every promised service is fully performed, not even into escrow, they must register with the Attorney General, and you can cancel within 14 days (KRS 380.040, 380.060). Kentucky Justice Online warns against signing papers that let a company act for you or transfer your title. Report problems through the Kentucky Attorney General's consumer complaint page. See Kentucky foreclosure help.
The rest of the Kentucky process
See how foreclosure works in Kentucky, the timeline, ways to stop it and free help in Kentucky, or read the national guide to this letter.
Common questions
How long do I have to answer a foreclosure summons in Kentucky?
20 days. The Kentucky Civil Summons (AOC-105) says the 20 days starts to run the day after you were served, and the Answer must be filed with the Circuit Court Clerk in the county listed on the summons.
What happens if I do not answer a Kentucky foreclosure summons?
The summons says a default judgment may be entered against you. The court can then order the home sold and, if you were personally served, enter a personal judgment for the debt (KRS 426.005).
What is a warning order attorney in a Kentucky foreclosure?
When the lender cannot serve you in person, the court can appoint a warning order attorney to try to notify you. If you were only served this way and never appear, KRS 454.165 bars a personal judgment against you, though the home can still be sold.
Other Kentucky letters
- Judgment and Order of SaleA Kentucky judgment and order of sale means the circuit judge has ruled for the lender, set the amount owed, and ordered the home sold by the master commissioner. Once the case is referred, the sale must be held within 90 days. Kentucky has no redemption waiting period before the sale, so time is short.
- Notice of Master Commissioner's SaleIn Kentucky, the court's master commissioner sells foreclosed homes at public auction, not the sheriff. The commissioner must give notice of the date, time and place to every party not in default, and the sale must be advertised at least once, 7 to 21 days before. The appraisal done before the sale decides whether you can redeem afterward.
- Master Commissioner's Report of SaleWithin 3 business days after the auction, the master commissioner files a report of sale that states the sale price and the appraised value. If no one objects, the judge can confirm the sale. Compare the two numbers: if the price is under two-thirds of the appraisal, you have 6 months from the sale to redeem.
- Notice of Motion for Possession and Writ of PossessionAfter a Kentucky master commissioner's sale, the buyer can ask the court for a writ of possession, which lets the sheriff remove you and your belongings. Kentucky's legal aid programs say the new owner gives 10 days' written notice first. When you have a right to redeem, the buyer still gets an immediate writ of possession.