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Foreclosure-Laws

 

Former Assistant County Attorney and Assistant Attorney General

 

Nick C. Thompson

800 Stone Creek Parkway

Suite 6

Louisville KY 40223

1-502-625-0905

 

Want to Stop Your Home Foreclosure in Kentucky?  We are the Ky foreclosure place.

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Stop Foreclosures Kentucky Ky

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 may foreclose on a home 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.

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