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At this point it remains unclear what practical impact Kentucky’s new sale bond requirement will have on mortgage servicers who elect to bid at their own sales.

The issue has caused some concern in at least one of Kentucky’s 120 counties.

In Jefferson County—the jurisdiction where Kentucky’s biggest city, Louisville, is located—foreclosure plaintiffs are only permitted to seek, as part of their initial judgment, the unpaid principal balance remaining due on the subject loan, plus interest.

Recovering additional fees, costs and expenses incurred in the servicing or enforcement of the subject loan requires obtaining a supplemental judgment, traditionally sought after the judicial sale is held.

Before real property may be sold pursuant to a judgment and order of sale, its appraised value must be determined by two disinterested persons both of whom are actively engaged in – or who have at least one year of experience in – the field of real estate.

The appraisal must be in writing, signed by the persons making it and filed in the circuit court record prior to sale.

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We will monitor the situation closely and work with other master commissioners and the Administrative Office of the Courts to bring clarity to the issue.

With regard to statutory pre-sale requirements, the amended rules refine the appraisal and advertisement processes.

Because plaintiffs may now be required to execute sale bonds to secure payment of any bid amount that exceeds their judgment amount, those wanting to credit bid up to the total debt owed on their loans may be hamstrung by the timing of Jefferson County’s initial and supplemental judgment practice.

Obtaining a bond with proper surety is generally a time consuming process that may necessitate more time than the Jefferson County Master Commissioner will allow.

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