How Foreclosure Works in Kentucky
Whether Kentucky forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short answer: Judicial. Kentucky law states that "foreclosure of a mortgage is forbidden" outside the courts; a mortgage or lien is enforced by filing a court action, and the court may order the property sold. KRS 426.525; KRS 426.005
| Judicial or non-judicial | Judicial. Kentucky law states that "foreclosure of a mortgage is forbidden" outside the courts; a mortgage or lien is enforced by filing a court action, and the court may order the property sold. A lender may take possession of a home the owner has abandoned only to preserve and maintain it. Court-ordered sales are generally carried out by the court's master commissioner. Source: KRS 426.525; KRS 426.005 |
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| Required notices | Before a court-ordered sale, the property must be appraised under oath by two disinterested people, and the appraisal must be filed with the court before the sale. The sale must be public and made after notice of the time, place and terms that the court's order directs; unless the order says otherwise, it is held at the courthouse door of the county where the property is located, and the notice must state the amount of money the sale is meant to raise. The sale must also be advertised in a newspaper under KRS Chapter 424, stating the time, place and terms and describing the property. |
More Kentucky foreclosure & homeowner law
- Redemption and Deficiency Judgments in Kentucky
- HOA Liens and Foreclosure in Kentucky
- Getting Your Home Back After a Tax Sale in Kentucky
- All Kentucky foreclosure & homeowner law rules
FAQ
Is Kentucky a judicial or non-judicial foreclosure state?
Judicial. Kentucky law states that "foreclosure of a mortgage is forbidden" outside the courts; a mortgage or lien is enforced by filing a court action, and the court may order the property sold. A lender may take possession of a home the owner has abandoned only to preserve and maintain it.
What notice is required before a foreclosure sale in Kentucky?
Before a court-ordered sale, the property must be appraised under oath by two disinterested people, and the appraisal must be filed with the court before the sale. The sale must be public and made after notice of the time, place and terms that the court's order directs; unless the order says otherwise, it is held at the courthouse door of the county where the property is located, and the notice must state the amount of money the sale is meant to raise. The sale must also be advertised in a newspaper under KRS Chapter 424, stating the time, place and terms and describing the property.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.