- Who sends it
- The buyer or its attorney sends the notice; the circuit court issues the writ and the sheriff carries it out
- What it starts
- Removal by the sheriff; legal aid says 10 days' written notice comes first
- Do this first
- Count 10 days from the notice, call legal aid, and ask the buyer in writing for a move-out date
What this paper is in Kentucky
Kentucky Justice Online says the new owner must give you 10 days' written notice before taking possession, and if you are still there after 10 days, can get a writ of possession from the court so the sheriff can remove you and your belongings. KRS 426.260 sets a similar process for buyers at execution sales: 10 days' written notice, then a motion in circuit court for a judgment for possession.
When the home sold for less than two-thirds of its appraised value, KRS 426.530(3) gives the buyer an immediate writ of possession, even though you have 6 months to redeem. The Jefferson County master commissioner says possession transfers after the court confirms the sale. Compare with the national writ of possession page.
What it does and does not mean
- It means the buyer is ready to take the home. The sale has usually been confirmed.
- It does not end a right of redemption. If you have one, you can still buy the home back within 6 months of the sale, even after you move (KRS 426.530).
- It does not cancel money owed to you. Any surplus after the judgment, costs and other proven liens belongs to the former owner by court order (KRS 426.006).
- If you rent from the former owner, get legal advice; different rules may apply.
The deadline and how to count it
- Legal aid says the buyer's written notice gives you 10 days. Count calendar days starting the day after you get the notice, and mark day 10.
- Under KRS 426.260, the notice tells you the day the buyer will ask the circuit court for a judgment for possession. Go to that hearing if you need more time or have a defense.
- After the writ issues, the timing of the sheriff's visit depends on your county. Call the sheriff's office.
What to do this week
- Call your legal aid program, found through Kentucky Justice Online, the day you get the notice.
- Write to the buyer or its attorney asking for a specific move-out date. Get any agreement, including cash for keys, in writing.
- Move valuables, papers and medicine first, and photograph the home's condition.
- Ask the master commissioner or circuit clerk whether there is a surplus and how to claim it. See Kentucky foreclosure surplus funds.
- If you have a right of redemption, keep working on the money. See Master Commissioner's Report of Sale.
Scam warnings
Be careful with anyone who promises to reverse the sale for a fee or asks you to sign over your surplus. You can ask the clerk about surplus yourself for free, and Kentucky's unclaimed property law has no fee cap that we could find. 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 long do I have to move after a Kentucky foreclosure sale?
Kentucky Justice Online says the new owner gives 10 days' written notice and can then get a writ of possession. When a right of redemption exists, KRS 426.530(3) gives the buyer an immediate writ of possession.
Can I stay in my Kentucky home during the 6-month redemption period?
The law does not give you that right. Under KRS 426.530(3), the buyer gets an immediate writ of possession and a deed with a lien protecting your right to redeem. The 6 months is time to raise the money.
Who removes me under a Kentucky writ of possession?
The sheriff. Kentucky Justice Online says the writ lets the sheriff set you and your belongings out, and the Jefferson County master commissioner describes the writ as directed to the county sheriff.
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.
- 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.