- Who sends it
- The master commissioner of the circuit court, by notice to parties not in default and a newspaper advertisement
- What it starts
- A public auction 7 to 21 days after the advertisement runs
- Do this first
- Call the master commissioner's office with your case number to confirm the date and get the appraised value
What this notice is in Kentucky
Under AP Part IV, § 4(5), the master commissioner must serve notice of the date, time and place of the judicial sale on every party who is not in default for failure to appear. The sale must also be advertised in the newspaper under KRS 424.130 and AP Part IV, § 5(3). The advertisement must give the time, place and terms of the sale, the case number of the judgment and order of sale, and the street address and parcel number.
KRS 426.700 says every sale under a court order must be public and held at the courthouse door unless the order says otherwise, and the notice must state the sum of money the sale is to raise. Compare with the national notice of sheriff's sale.
What it does and does not mean
- It means the home is about to be sold. The sale cannot be more than 90 days after the order of referral unless the court extends it by up to 30 days.
- It is not an eviction. You do not have to leave on the sale date, and the court must still confirm the sale.
- The appraisal is key. Before the sale, two disinterested people with real estate experience must appraise the home in writing, and the appraisal must be filed in the court record (KRS 426.520; AP Part IV, § 5(2)). If the home sells for less than two-thirds of that value, you get 6 months to redeem (KRS 426.530).
- The sale may be at your house. When the lender asks for a licensed auctioneer, KRS 426.522 says the sale is held at the property unless the auctioneer picks another place in the county. The notice states the place.
The dates and how to count them
- The advertisement must run at least once, not less than 7 and not more than 21 days before the sale (AP Part IV, § 5(3)). Count back from the sale date to check.
- Kentucky Housing Corporation's page says sales are advertised three times and posted near the property, but the current statewide rule requires only one publication. Do not count on more warning.
- At the sale, the buyer pays cash or puts 10% down and has 30 days to pay the rest. The lender can bid on credit up to its judgment (AP Part IV, § 5(4)).
- The commissioner files the report of sale within 3 business days after the sale (AP Part IV, § 5(5)).
What to do this week
- Call the master commissioner's office for your county. The Kentucky Court of Justice links to official auction websites for several counties, including Jefferson, Fayette, Kenton, Boone, Campbell and Warren.
- Get the appraisal from the court file at the circuit court clerk's office, and write down two-thirds of the appraised value.
- Push your servicer for a decision and ask in writing that the sale be withdrawn while you are reviewed. If you reach a workout, make sure the lender's lawyer tells the court and the commissioner.
- If anything looks wrong, such as no appraisal on file or an advertisement outside the 7 to 21 day window, tell a lawyer now. Problems can be raised before the court confirms the sale.
- If you are considering bankruptcy, it must be filed before the sale to stop it.
Work through what to do when a Kentucky sale date is set.
Scam warnings
Sale notices are public, so expect offers from investors and rescue companies. Never sign a deed, a lease-back or a power of attorney without advice from legal aid. Kentucky bans advance fees for foreclosure help on mortgage debt (KRS 380.040). Report problems to the Kentucky Attorney General. 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 much notice do I get of a Kentucky master commissioner's sale?
The sale must be advertised at least once, 7 to 21 days before the sale date, and the commissioner must serve notice of the date, time and place on every party not in default (AP Part IV, §§ 4(5), 5(3)). If you never answered the case, you may not get the served notice.
Who runs foreclosure sales in Kentucky?
The master commissioner, a licensed attorney appointed by the circuit judge. The commissioner arranges the appraisal, advertises and holds the auction, reports the sale to the court and signs the deed (AP Part IV).
Why should I get the appraisal before a Kentucky foreclosure sale?
Because of KRS 426.530. If the winning bid is less than two-thirds of the appraised value, you can redeem the home within 6 months of the sale. If it is two-thirds or more, there is no right to redeem.
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.
- 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.
- 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 426.700, Time, place and terms of sale; notice
- KRS 426.520, Appraisal before judicial sale
- KRS 426.530, Right of redemption
- Supreme Court of Kentucky Order 2024-40, AP Part IV, Master Commissioners
- Kentucky Court of Justice, Master Commissioners
- Kentucky Homeownership Protection Center, Foreclosure Process