FAQ

Q:	How does a Master Commissioner sale work?
A:	When property owners default on their mortgage, the mortgage company files a foreclosure action against them in Circuit Court. The Court will order that the case be referred to the Master Commissioner for sale of the property at the courthouse door. The Master Commissioner sets a sale date and advertises the sale once a week for three consecutive Saturdays in the local newspaper, The Kentucky New Era. The sale is held on the Monday following the last newspaper advertisement. All sales are conducted as public auctions and anyone may attend. The mortgage company will normally open the bidding at or above two-thirds of the property’s appraisal and competitive bidding will proceed like any other auction until the property is sold. The Master Commissioner files a report of the sale with the Court, setting forth the name or the purchaser, the price, etc. If there are no objections by interested parties, the Court will confirm the sale within 10 days and order the Commissioner to deliver a deed to the purchaser. The successful purchaser must pay for the property on the day of sale or must make a 10% deposit and post bond, with surety approved by the Master Commissioner, for the balance of the purchase price. If the purchaser posts a bond, it will accrue interest at 12% per annum from the day of sale until paid. Closing must occur within 30 days after the sale.
Q:	If I purchase property at a commissioner’s sale, can the deposit be waived?
A:	The minimum deposit on sale day is 10% of the purchase price and this cannot be waived. We will take personal checks.
Q:	Do I need insurance if I purchase at a commissioner’s sale?
A:	Yes, you should obtain insurance on the property the day of sale. When you become the successful bidder at a commissioner’s sale, you are obligated to take the property no matter what happens to it.
Q:	If I purchase property at a commissioner’s sale, how do I get the occupants out?
A:	The Court’s order confirming the sale authorizes the Sheriff to evict any parties to the foreclosure action, i.e., owners. If the occupant is a renter, you must use the normal eviction procedure in District Court.
Q:	When can I take possession?
A:	As soon as you pay the purchase price and receive the deed.
Q:	Does a master commissioner’s deed guarantee good title to the property?
A:	No. The commissioner’s deed passes to the purchaser all of the right, title and interest of the parties to the foreclosure case. It does not contain any additional warranties. In nearly all cases the commissioner’s deed does convey an unencumbered marketable title but if you purchase property with a lien that has not been made a party to the foreclosure action, you may have to take the property subject to that lien. We suggest that you do an examination of the title before the sale.
Q:	What if there are tax liens against the property for previous years?
A:	Taxes owed for previous years take priority over all other liens, so they are paid out of the proceeds of the sale. The purchaser is only responsible for the current year’s taxes unless it is announced otherwise in the sale notice.
Q:	Is there a list of pending foreclosure cases or of upcoming sales?
A:	There is no list of pending cases or of upcoming sales other than those shown on the scheduled sales page.

IMPORTANT NOTICE: The information provided herein has been provided to you by the Master Commissioner’s Office Staff. Please be advised that it is not our intent to provide legal advice. It is highly recommended that you consult an attorney regarding questions.