THIS PAGE IS NOT INTENDED TO GIVE YOU LEGAL ADVICE: BIDDERS MAY WISH TO CONSULT AN ATTORNEY
THIS LIST IS PROVIDED AS A COURTESY. PLEASE REFER TO THE ADVERTISEMENTS PRINTED IN THE OLDHAM ERA PRIOR TO THE SALE FOR DETAILED INFORMATION.
Unless otherwise noted, Sales are conducted at the Oldham County Courthouse located at 100 W. Main Street, La Grange, KY 40031 at 10:00a.m.
** All sales are "as is." The Master Commissioner's office has no information about the condition of the property and cannot grant anyone access to the property. Neither the Plaintiff, its Counsel, the Court, nor the Commissioner shall be deemed to have warranted title to any purchaser.
PAYMENT
10% Deposit is required, at the time of purchase, in the form of CERTIFIED CHECK or Money Order. Cash payment is excepted if under $10,000.00. You must have the deposit with you at the time of the sale; you will not be able to leave and go get the money. If the deposit is not made immediately, the Master Commissioner will reject the bid and resell the property immediately. The 10% deposit will determine on the maximum amount of bid you are willing to make. It's best to make the Certified Check or Money Order payable to yourself in case you are not the successful bidder. **NOTE: If your cashier's check/money order is more that your 10% deposit, The Commissioner's Office does not provide change. Therefore, it is recommended, but not required, to bring multiple cashier's checks/money orders in different amounts. Remember a 10% deposit is required at the time of sale, but you can put down more than 10%.
** Balance is due within 30 days from date of sale. **
The unpaid portion of the purchase price bears interest at the post judgment interest rate per annum from the date of sale through the date of which payment is received at the Master Commissioner's Office. Notice of the interest rate is published in the Oldham Era with the notice of sale and is contained on the handbills posted at the Oldham County Courthouse.
SURETY BOND
1). The successful bidder must post a surety bond at the sale if not paying the bid amount in full. A surety bond is posted by a person other than yourself or your spouse, they must be present at the sale, with ID, or approved by the Commissioner, by appointment, no later than the Friday before the sale. The surety must own property free and clear in the amount of the bid. If you are the successful bidder, the surety bond paperwork will be filled out after the auction, or you can contact our office, via email or phone, to request a copy prior to the auction to have in hand. The surety must sign a Surety Affidavit for Bond per K.R.S 426.705. Any and all signatures must be notarized.
2). If you go through your bank for an Irrevocable Letter of Credit, it must be on the bank's letterhead and state it is in fact IRREVOCABLE or it will not be accepted. Please provide the letter to our office prior to the auction for approval via email or in person. NOTE: Home Equity line of credit is not accepted
3.). If you are using an LLC or Corporation as surety, you must provide proof of the following: IF A SINGLE MEMBER LLC: provide a printout from the Secretary of State that the entity is in good standing with that office and must have two forms of ID from the member who is authorized to bid on behalf of the LLC. IF IT IS A MULTI-MEMBER LLC: provide a printout from the Secretary of State that the entity is in good standing with that office, a Resolution of the LLC authorizing the dibber to bid on the property on behalf of the LLC OR Must have two forms of ID from every member of the LLC.
NOTE: #2 and #3 documentation must be provided to the Master Commissioner's Office prior to the sale for approval, via email or hand delivered. If this information is not provided prior to the sale, there is no guarantee you will be approved.
DEED
Once the balance on the property is paid in full and the sale has been confirmed by the Court, the Master Commissioner's office will execute a Deed in favor of the winning bidder. Once the Deed has been signed by the Judge, the Master Commissioner's Office will contact the winning bidder to inform them the Deed is ready. At that time, it can be pick it up at the Master Commissioner's Office anytime during business hours or request to have it mailed. It is the winning bidder's responsibility to take the Deed to the Clerk's office, and have it recorded and pay the recording fee.
NOTE: The Master Commissioner's Office does not record Deeds.
For additional information contact our office.
Please feel free to call the morning of scheduled Sale for cancellations. (502) 222-9898
EFFECTIVE _______________-AN ORDER WAS APPROVED AMENDING THE LOCAL RULES OF PRACTICE AND PROCEDURE FOR THE 12TH JUDICIAL CIRCUIT, HENRY, OLDHAM AND TRIMBLE COUNTIES.
LOCAL RULES 2017
VI. MASTER COMMISSIONER:
6.0 Motions for Judgment and Order of Sale << entire section added >> All owners (including owners and taxing authorities of unpaid delinquent taxes and unpaid taxes) who have a claim or interest in the property shall be made parties to the action and duly served with process. Motions for Judgment and Order of Sale shall be filed not less than thirty (30) days before the date noticed for hearing of the motion. All motions for Judgment on any Defendant’s crossclaims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion. Any claim for delinquent taxes not submitted on motion for judgment at least seven (7) days prior to the date noticed for the motion will be limited to principal and interest only. Any other claim not submitted for judgment will be dismissed.
In an action involving the property of a party before the Court by constructive service alone, a CR 4.11 Bond with Surety must be filed by the Plaintiff, regardless of whether the Plaintiff purchased the property. No distribution will be made, or Deed will be given without the CR 4.11 Bond.
Motions for Judgments and Orders of Sale shall include: 1) Balance due under the judgment with pre-judgment and post-judgment interest rates. The name of the party or parties whose interest is being conveyed. 2) Plaintiff’s counsel must make sure that the Judgment in the JOS adjudges the interest of each defendant name in the Complaint. 3) Listing of four required items the property is sold “subject to” (1) Current year ad valorem taxes, and all taxes due thereafter, (2) Easements, restrictions, and matters or record, (3) assessments for public improvements levied against the property, and (4) any facts which an inspection and accurate survey of the property may disclose. 4) Street address of the property (if the property has no street address, a brief description of its location). 5) PVA Parcel ID #, if known. 6) Legal Description with the source of the title of the party or parties whose interest is being conveyed. 7) A statement that the property being sold is indivisible 8) Terms of sale compliant with S.Ct. Rules of Administrative Procedure, Part IV, Section 5 effective January 1, 2016, and any amendments thereafter and a statement that the property is to be sold according to the Local Rules. 9) A statement that determines the order of priority as listed: a. The costs of this action b. The full satisfaction of delinquent tax holders c. The full satisfaction of the lien with next priority d. The balance, if any, to be held for the Defendants as their interest may appear
6.1 GENERAL REQUIREMENT
<<The Master Commissioner of the Oldham/Henry/Trimble Circuit Court shall sell the property in a reasonable time, not to exceed ninety (90) days after the date of the order of referral except that property found to be “vacant and abandoned” shall be sold in accordance with KRS 426.205. Upon Motion and good cause shown, the court may extend the deadline established by this section for a period not to exceed thirty (30) days.>> <<Within seven (7) days of the entry of the Judgment and Order of Sale, the Plaintiff shall forward to the Master Commissioner a pre-sale deposit to help cover the estimated costs of the sale in the amount of $1,000.00.>> <<Before any real property is sold under a Judgment and Order of Sale, the appraisal value shall be determined by two disinterested persons both of whom are actively engaged in or have had at least one year of experience in the field of real estate. In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the court record prior to sale.>> <<The Supreme Court of Kentucky Order 2015-25, AP Part IV, Section 5, General Provisions of Judicial Sales, is hereby incorporated as if fully set forth herein.>>
The Master Commissioner of the Oldham and Henry/Trimble Circuit Court shall not set sale dates until the party requesting the sale date has provided the following:
(1) A pre-sale deposit to help cover the estimated costs of each sale in the amount of One Thousand Dollars ($1,000.00);
(2) A legal description of the property to be sold with a street address, if available.
(3) Judgment and Order of Sale showing the name and address of each person or entity who is to be served notice by the Master Commissioner.
(4) The name of the party or parties whose interest is being sold or conveyed.
(5) The source of title of the party or parties whose interest is being sold or conveyed.
All owners (including owners and taxing authorities of unpaid delinquent taxes and unpaid taxes) who have a claim or interest in the property shall be made parties to the action and duly served with process.
MOBILE HOMES 1. If a mobile home, or other structure requiring a certificate of title, is located on the property, it shall be noted in the Complaint and Judgment and Order of Sale along with the year, make, model and VIN of said mobile home. It shall be stated whether the mobile home or other structure is a part of or affixed to the real estate or titled separately. <<If the mobile home has been converted to real estate pursuant to KRS 186A.297, a file stamped copy of the Affidavit of Conversion with recording information shall be attached to the Complaint.>> The Master Commissioner shall not set a sale date until this information has been provided.
2. If it is known that a mobile home is located on the real estate, then the record title holder and lien holder, if different from the record owner of the real estate shall be made a party to the action.
3. In the event the “appraisal” report indicates the presence of a mobile home not mentioned in the Complaint, or the matter comes to the attention of the Master Commissioner, the Master Commissioner shall notify the Plaintiff or other party moving for sale and shall not proceed with the sale until the issue has been addressed by Amended Complaint or further Order of the Court.
6.3 TERMS OF SALE-JUDGMENTS AND ORDERS OF SALE
<<At the time of sale, the successful bidder shall either pay full cash or make a deposit of 10% of the purchase price in the form of a cash deposit, certified check or money order at the time of sale with the balance on credit of 30 days. If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the master commissioner, prior to the sale, to secure the unpaid balance of the purchase price. An individual purchaser may not serve as his/her own surety on the bond. A spouse may not serve as surety on the bond. The bond shall be for the unpaid purchase price and shall bear interest at the rate of 12% per annum from the date of sale until paid. In the event the successful bidder is the Plaintiff, in lieu of the deposit the Plaintiff shall be allowed to bid on credit up to the judgment amount.>> The property shall be sold “as is.” Risk of loss shall pass to the purchaser upon execution of bond at sale or payment of the purchase price in full, whichever occurs first.
<<Buyer must obtain a writ of possession; no judgment shall automatically result in possession.>>
The successful purchaser of the property (the “property purchaser”) shall be required to assume and pay all taxes upon the property for the current tax year and all subsequent years. (b) A party who is the successful purchaser of the property may take credit against any judgment in that party’s favor against the defendant property owner for the required deposit and purchase price to the extent that the sale price is sufficient to pay such judgment considering the priorities and amounts previously adjudicated in the action.
A party taking credit against its judgment pursuant to 6.3(2)(a), may elect to pay the delinquent taxes directly to any tax authorities and tax lien holders. If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner’s Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.
The property shall be sold free and clear of any right, title or interest of all parties to the action and all liens and encumbrances thereon of any party except those who may be listed as exceptions per the Judgment and Order of Sale, i.e., “sold subject to”, priority liens, etc... The sale of the real estate shall be made subject to all zoning and building regulations, restrictions, ordinances, easements, covenants, and rights-of-way, of record or otherwise.
<<No later than three business days after the date of sale, the Master Commissioner shall file in Court the report of the sale and serve a copy on each party entitled to notice.>> Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner. If no exceptions are filed within the10 day period, the Court shall enter an Order confirming the sale. If exceptions are filed, the Court shall set a date for a hearing on the exceptions.
4. <<The Deed shall be delivered according to Part IV of the Rules of Administrative Procedure of the Kentucky Supreme Court.>>
The terms of sale to be stated in all Judgments and Orders of Sale and are as follows:
(1) The terms of the sale shall be either full cash or $5,000.00 in the form of a cash deposit certified check or money order at the time of sale and balance of the purchase price on a credit of thirty (30) days. If the purchaser elects to take credit for the balance, then the purchaser will be required to post bond and furnish acceptable surety thereon at the time of the sale. Said bond shall be for the unpaid balance of the purchase price and bear interest at the rate of twelve (12%) percent per annum from the date of the sale until paid.
(2) The purchaser is responsible for the satisfaction of all unpaid taxes, due and owing, delinquent and current, levied against the subject property, including taxes purchased by a third party, under section 6.3(2) herein. Thus, purchaser shall provide proof by affidavit that all such taxes have been paid (or that none are due or owing) before the master commissioner executes and delivers the deed to the property.
(3) The property shall be sold free and clear of any right, title or interest of all parties to the action and all liens and encumbrances thereon of any party except those who may be listed as exceptions per the Judgment and Order of Sale, i.e., “sold subject to”, priority liens, etc... The sale of the real estate shall be made subject to all zoning and building regulations, restrictions, ordinances, easements, covenants, and rights-of-way, of record or otherwise.
(4) Within a reasonable time after the sale the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice. Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner. If no exceptions are filed within the10 day period, the Court shall enter an Order confirming the sale. If exceptions are filed, the Court shall set a date for a hearing on the exceptions.
6.4 ORDERS OF DISTRIBUTION:
(1) All motions for proposed “Orders of Distribution” shall be set for motion hour and served upon non-defaulting parties and the Master Commissioner, with notice at least 10 days prior to Motion Hour. The Court requests the Master Commissioner appear and object if the proposed Order of Distribution is incorrect, or, in the alternative, serve written notice of any error prior to the date set for Motion Hour.
(2) Orders of Distribution of funds held by the Master Commissioner shall set forth the amounts collected, including the advance costs deposit referenced in 6.1(2) above. All fees and costs must be itemized on the Order of Distribution.
(3) If disbursements are to be made to a taxing authority, then the taxing authority with the outstanding tax bill number and year must be listed in the Order of Distribution and copy of the tax bill or bills must be furnished to the Master Commissioner.
The preparation of the Order of Distribution shall be the responsibility of the party moving for sale. All subsequent lien holders have the responsibility of requesting distribution of any remaining funds they may be entitled to, after entry of appropriate judgment.
These Rules shall be effective for all cases filed after the effective date of the rules.
Dated: January 1, 2025 _______________________________ JERRY D. CROSBY, CHIEF CIRCUIT JUDGE DIVISION I, 12TH JUDICIAL CIRCUIT