- Who sends it
- The circuit court; it must be served on every party who is not in default for failing to appear
- What it starts
- Referral to the master commissioner, appraisal and a sale within 90 days of the order of referral
- Do this first
- Find the date of the order of referral and call legal aid and your servicer the same day
What this order is in Kentucky
Under KRS 426.005, in a case to enforce a mortgage the judgment may order the home sold and also award the debt against you personally. The court may order the sale without giving you time to pay. The Kentucky Supreme Court's rules for master commissioners, AP Part IV, say the judgment and order of sale must be served on every party who is not in default for failure to appear (AP Part IV, § 4(2)).
The court also enters an order referring the case to the master commissioner, on form AOC-141S (Order Referring Case to Master Commissioner for Judicial Sale) or AOC-141SP for a special commissioner (AP Part IV, § 4(3)). Compare with the national foreclosure judgment page.
What it does and does not mean
- It does not mean you must move out yet. You keep the home until it is sold and the sale is confirmed.
- It may include a personal judgment for the debt. If the sale does not cover it, the lender can collect the rest (KRS 426.005(1)), unless you were only constructively summoned and never appeared (KRS 454.165).
- It starts the sale process. Unlike some states, Kentucky does not make the lender wait out a redemption period before the sale.
- Kentucky Justice Online says the judgment gives a short time to pay the full amount before the sale. That means the whole judgment, not only the missed payments.
The deadline and how to count it
- The master commissioner must sell the home within a reasonable time not to exceed 90 days after the date of the order of referral (AP Part IV, § 5(1)). Count calendar days from that order.
- The court can extend that deadline once, by up to 30 days, on a motion showing good cause.
- If the court finds the home vacant and abandoned, the sale must be held within 70 days of the order of sale instead (KRS 426.205).
- The sale must be advertised only once, 7 to 21 days before the sale date (AP Part IV, § 5(3)). See Notice of Master Commissioner's Sale.
What to do this week
- Get copies of the judgment and the order of referral from the circuit court clerk, and write down the judgment amount and the referral date.
- Send your servicer a complete loss mitigation application now, if you have not. A complete application received more than 37 days before the sale must be evaluated within 30 days under federal rules.
- Ask the servicer for a written payoff and reinstatement quote. Kentucky Housing Corporation says a workout is possible until the property is sold, but the servicer does not have to agree.
- Call your legal aid program, found through Kentucky Justice Online, or a lawyer through a regional lawyer referral service listed by the Kentucky Bar Association.
- If you are thinking about bankruptcy, talk to a bankruptcy attorney or legal aid before the sale.
Scam warnings
Kentucky law forbids a debt adjuster from collecting any fee on mortgage debt before all promised services are performed (KRS 380.040). Do not pay anyone who says they can stop the sale for an upfront fee, and do not sign a deed or power of attorney without advice. 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 soon after a Kentucky foreclosure judgment is the sale?
The master commissioner must sell within 90 days after the order of referral, and the court can add no more than 30 days for good cause (AP Part IV, § 5(1)). A home found vacant and abandoned must be sold within 70 days of the order of sale (KRS 426.205).
Does a Kentucky judgment give me time to catch up?
Not by law. KRS 426.005(2) lets the court order a sale without giving time to pay. Kentucky Justice Online says the judgment gives a short time to pay the full amount, and your servicer can still agree to a workout until the sale.
Will I owe money after a Kentucky foreclosure judgment?
Possibly. The judgment can include a personal judgment for the debt (KRS 426.005(1)). The exception is a homeowner who was only constructively summoned and never appeared (KRS 454.165).
Other Kentucky letters
- Civil Summons (form AOC-105) and ComplaintEvery Kentucky home foreclosure is a lawsuit in circuit court, and it starts with a Civil Summons and the lender's complaint. The summons says you must file a written answer within 20 days, starting the day after you were served. If you do not, a default judgment may be entered against you.
- 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.
Sources
- KRS 426.005, Personal judgment in action to enforce mortgage
- KRS 426.205, Sale of vacant and abandoned real property
- KRS 454.165, No personal judgment against defendant constructively summoned
- Supreme Court of Kentucky Order 2024-40, AP Part IV, Master Commissioners
- Kentucky Justice Online, Foreclosure
- Kentucky Homeownership Protection Center, Foreclosure Process