Kentucky Real Estate Laws Every Seller Should Know
Kentucky sells foreclosed property through the court and a master commissioner, and it has the property appraised first by two people sworn in for the job. Whether the sale clears two-thirds of that appraisal is the line everything else turns on. Here is what generally applies before you sell, in plain language.
Before Any State Clock Starts: the Federal 120-Day Rule
Every state timeline on this page sits behind a federal one, and it is the single most
useful thing to know if you have missed payments. Under
Regulation
X, 12 CFR 1024.41(f)(1), a mortgage servicer generally
“shall not make the first notice or filing” required for a judicial or
non-judicial foreclosure unless the borrower's mortgage loan obligation is
more than 120 days delinquent.
That is roughly four months of missed payments before the state process is even allowed to
begin. It is why a state sequence that looks alarmingly short on paper is usually longer in
practice than the statute alone suggests.
The exceptions, because they are real. The rule does not apply where the
foreclosure is based on a violation of a due-on-sale clause, or where the servicer is joining the
action of a superior or subordinate lienholder. Small servicers are not exempt from this
particular prohibition. Loan types and servicing arrangements vary, and some loans are outside
Regulation X altogether.
So treat 120 days as the general floor rather than a guarantee, and work from the dates on your
own paperwork. If a notice has arrived and you do not believe you are past that point, that is a
question worth putting to a HUD-approved housing counselor or an attorney before you do anything
else.
Two Sworn Appraisers, And Then The Two-Thirds Line
Kentucky foreclosures go through the court, and a
master commissioner sells the property. Before that happens, somebody has to put a
value on it, and the way the statute does it is worth reading in its own words.
Under KRS 426.520, before any real property is sold under an order or judgment of a court, the
commissioner must have it appraised, under oath, by
“two (2) disinterested, intelligent housekeepers of the county”,
and “if they disagree, the officer shall act as umpire”. That is the live
wording, not a quaint historical footnote.
The appraisal is filed with the court before the sale. Section 426.520(2)
requires it in writing, signed, returned to the court and
“filed among the papers of the cause” prior to the sale. So it is a document
you can go and read, and you should, because one number on it governs everything that happens
afterwards.
That number is two-thirds of the appraised value. Under KRS 426.530, if the
property “does not bring two-thirds (2/3) of its appraised value”, you may
redeem it within six (6) months from the day of sale, by paying the original
purchase money, ten percent (10%) per annum interest on it, and any reasonable
costs the purchaser has incurred since the sale for maintenance or repair. The statute lists
utility expenses, insurance, association fees, taxes and the cost of bringing the property up to
local nuisance code standards. You pay it to the clerk of the court, and the master commissioner
conveys the property back to you.
Now the part that decides whether that is any use to you. Section 426.530(3)
says that when the right of redemption exists, the purchaser receives an immediate writ of
possession, and a deed carrying a lien in your favor reflecting your right to redeem. The
right to buy it back is real. Living there for those six months is not part of it.
Anyone who describes the six months without telling you that is not being straight with you.
The federal rule above generally sits in front of this whole sequence. Free HUD-approved housing
counseling is available before you commit to anything, including to us.
Official sources: KRS 426.520 and KRS 426.530
An Empty House Is Not A Neutral Choice Here
This is the Kentucky rule most likely to change what happens to you in the next month, and
almost nobody knows it is there.
Under KRS 426.205, where a court determines that property in a foreclosure action is
vacant and abandoned, “a sale of the property shall be ordered
expeditiously”. The master commissioner then has to sell it
within seventy (70) days of the order, and the lender has to apply to confirm the
sale within twenty (20) days of it.
The test is a checklist, and it is not hard to meet. No legal resident or other
person entitled to occupy the property for forty-five (45) or more consecutive days,
plus two or more of the following: overgrown or dead vegetation; a build-up of
flyers, mail or trash; disconnected utilities; no window coverings or furniture;
uncorrected hazardous conditions or vandalism; or statements from neighbors, delivery people or
government employees that the property is vacant. Proof may be offered by
affidavit.
What we are saying and what we are not. We are not telling you to stay in a
house you cannot afford to stay in, and we are certainly not telling you that staying stops a
foreclosure, because it does not. What we are telling you is that moving out, turning the power off
and letting the post pile up is not a neutral decision in Kentucky. It is most of a statutory
checklist, and it can take months off the time you have.
If you have already moved out, that is not a disaster and it is not a reason to move back. It is
a reason to find out where the case actually is, quickly, and to tell us the truth about the
property when you call.
Official source: KRS 426.205
The Transfer Tax Is On You, And The Exemptions Are Worth Knowing
Kentucky is clear about who pays. KRS 142.050(2) imposes the tax
“upon the grantor named in the deed” at
fifty cents ($0.50) for each $500 of value or fraction thereof. That is
0.1%, so roughly $284 at the August 2026 statewide median and
$200 on a $200,000 sale. The county clerk computes and collects
it before accepting the deed for recording, and keeps 5% as a collection fee. The statute names the
grantor, so that is the default; who ultimately bears the cost is still
negotiable in the purchase contract like any other closing item, and worth reading
before you compare two offers.
Watch the definition of value. Section 142.050(1)(b) says that on a deed which
is not a gift it is the full actual consideration
“including the amount of any lien or liens thereon”, and on a
gift or a nominal-consideration deed it is the estimated open-market price. So writing a token
figure on the deed does not by itself make the tax small.
What does make it nil is the exemption list, and we read all of it. Section
142.050(7) exempts a transfer of title, among others:
- Between husband and wife, or between former spouses as part of a divorce
proceeding.
- Between parent and child, or grandparent and grandchild, with only nominal
consideration.
- Under a foreclosure proceeding, or by a voluntary surrender under a
mortgage in lieu of a foreclosure proceeding.
- Solely to provide or release security for a debt, on partition,
between a trustee and a successor trustee, or on a deed correcting an earlier
one.
Those cover a great many of the people who end up on a page like this one. The list also runs to
government transfers, tax sales, corporate mergers and conversions and transfers between an LLC and
its members. If yours might be on it, say so to your closing agent rather than paying it and finding
out afterwards.
On notice, we will only say what we read. KRS 426.560 requires public sales
under execution, judgment or decree to be advertised by publication under KRS Chapter 424,
“unless otherwise agreed upon by the parties”, with no newspaper advertisement
needed where the appraised value is under $100. We did not read Chapter 424, so we
are stating no number of publications and no publication period. The fifteen days and the
“three other places” you may see quoted come from KRS 426.200, which governs sales
under execution rather than mortgage foreclosures, and the two should not be mixed
up.
Official sources: KRS 142.050 and KRS 426.560
General information, not advice. This section describes Kentucky practice in general terms and was checked in September 2026 against the Kentucky Revised Statutes, 2025 edition, as published from the Legislative Research Commission's own text. Laws, timelines and local procedures change, and how any of it applies to your property depends on facts we have not seen. It is not legal, tax or financial advice, and it is no substitute for talking to a Kentucky attorney, accountant or HUD-approved housing counselor about your own situation.