Quick
Facts
- Judicial Foreclosure Available:
Yes
- Non-Judicial Foreclosure Available:
No
- Primary Security Instrument:
Mortgage
- Timeline: Varies
- Right of Redemption: Yes
- Deficiency Judgments Allowed: Yes
In
Kentucky, lenders and judicial liens
foreclose on homes by using the judicial
foreclosure process. Other states
use a deed of trust to foreclose on a
home. In Kentucky, most foreclosures
take about 6 months if done by default.
If litigated, foreclosures often take a
year or more.
Judicial Foreclosure
Judicial
foreclosures require a court decree and
an advertised sale of the home.
You do have the right to redeem your
home but the borrower is given only a
short time to pay the entire loan off.
If the borrower fails to pay within that
time, the Commissioner then advertises
and holds a sale of the property.
At some point prior to the scheduled
date of foreclosure, an appraisal of the
property must be made. If the
foreclosure sale price is less than
two-thirds of the appraised value, the
borrower has a period of one year (12
months) from the date of the sale to
redeem the property by paying the amount
for which the property was sold, plus
interest. However, the bank almost
always bids over this amount at the
foreclosure sale preventing a
redemption.
It is possible to obtain a deficiency
judgment against the borrower for the
difference between the amount the
borrower owed on the original loan and
the foreclosure sale price, but only if
the borrower was personally served with
the lawsuit, or failed to answer.
Please beware of
Rescue scams claiming to help
you stop a Kentucky foreclosure and here is a timeline of the
foreclosure process.
If you have had a lawsuit
filed against you then seek an attorney
immediately to answer the lawsuit or
file a bankruptcy to save your home.
If you have not had a foreclosure
lawsuit filed against you this is the
link to the state of
Kentucky's stop
foreclosure website. |