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Kentucky Foreclosure Questions & Answers
3 Answers | Asked in Bankruptcy and Foreclosure for Kentucky on
Q: How do Stop A Foreclosure,When Miss A payment by Mistake when your in Chapter 13 Bankruptcy Program?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 10, 2023

When in an active bankruptcy case, especially a Ch. 13, there is an automatic stay of any actions against the property of the debtor's estate and/or the debtor, to collect a debt.

In order to proceed with a foreclosure case in a non-bankruptcy court, the foreclosing creditor must...
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3 Answers | Asked in Bankruptcy and Foreclosure for Kentucky on
Q: How do Stop A Foreclosure,When Miss A payment by Mistake when your in Chapter 13 Bankruptcy Program?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

If you've missed a mortgage payment by mistake while in a Chapter 13 bankruptcy, it is critical to address the issue promptly:

1. Contact your bankruptcy attorney immediately to discuss the situation. They can provide guidance specific to your case and may be able to negotiate with the...
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1 Answer | Asked in Foreclosure for Kentucky on
Q: My Mom received a Lis Pendens notice on her home. It is from a bank she has never had any affiliation with.

The notice states they are acting on behalf of US Bank, who she has also never had any accounts with. They name my Dad first in the notice, but he passed away in 2011. What step should she take first?

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Aug 28, 2023

See an attorney immediately. After the home is sold at an auction you cannot get it back. It may be there is a loan out there he signed for. It may be identity theft. But you really need an appointment immediately. At the start of a case there are defenses you lose if you don't assert them... View More

2 Answers | Asked in Foreclosure, Bankruptcy and Real Estate Law for Kentucky on
Q: Hypothetically Is there a way to take over someone’s home and loan, (including loan interest rate)

hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 22, 2022

She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.

Re you taking over, that is something you would need to request...
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1 Answer | Asked in Foreclosure, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: What does "the facts constituting the offense" mean and how detailed is it required to be?
Timothy Denison
Timothy Denison
answered on Jun 15, 2023

It means what you did to become charged with a crime. Each element of any offense must be proven beyond a reasonable doubt.

2 Answers | Asked in Foreclosure, Real Estate Law and Civil Rights for Kentucky on
Q: Can I sue seller of land contract for my equity in my home ; Foreclosure filed

Purchase price. $132182

Cash down. $43082

Payments $23160

Appliances $ 3850

Balance. $65940. TOTAL EQUITY

Seller started Foreclosure suing me $11000

Non compliance House Insurance

Non... View More

Timothy Denison
Timothy Denison
answered on Aug 5, 2021

The claim against the seller belongs to your trustee in bankruptcy.

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1 Answer | Asked in Foreclosure for Kentucky on
Q: Foreclosure how do u find it on docket.
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Apr 1, 2021

All the foreclosure files are at the county circuit court clerks office.

You check the progress on your case at the court clerk's office.

It is also available on line if you have access to courtnet.

The docket is normally published on the court website but there...
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3 Answers | Asked in Foreclosure and Civil Rights for Kentucky on
Q: I am buying my home under a Land Contract. In 2018 I gave the Seller $41000 down on a home . The Purchase price

$132000. I have not maintained Insurance instead put in a ADT Security that call the fire dept if fire or theft. I have been late on some monthly payments. I have paid a total of $66000 so far. I am disabled. He is pursuing Foreclosure. What can I do??

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2021

You need to retain an experienced KY mortgage foreclosure defense and bankruptcy attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the... View More

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1 Answer | Asked in Foreclosure for Kentucky on
Q: Unlawfundetainrr. Lost in court. How much time bibgot to get out
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2021

You really should really rephrase your question and provide more facts. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

1 Answer | Asked in Personal Injury, Foreclosure and Real Estate Law for Kentucky on
Q: Can a home be legally sold at auction if the home owner is not notified that a sale date has been rescheduled ?

I was served foreclosure papers in December 2015 I responded to the complaint and a hearing was scheduled June of 2016 resulting in a sale date for my property July 18, 2016. I worked out a trial loan modification with my servicer and made the trial payments June 2016-Nov 2016 the servicer... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 24, 2017

You need to find out how the notice of changed date was made. You need an attorney. Contact www.naca.net to find a consumer attorney near you. You must act immediately. You found out April and you are asking in late June? A court won't buy that. (Yes, I understand it's hard for a... View More

1 Answer | Asked in Foreclosure for Kentucky on
Q: What is a nonjudicial foreclosure?
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on May 17, 2017

A non Judicial foreclosure is when the court is not involved in the lender recovering the property. In some states a deed of trust is held by a 3rd party and when the property is not paid for the lawyer who holds the title will convey the property to the bank upon default. Kentucky is s judicial... View More

1 Answer | Asked in Foreclosure for Kentucky on
Q: How far behind do I have to be before the bank can start the foreclosure process?

Also, if I CAN get caught up before it goes to court (or whatever) do they have to accept my payment and let me keep the house or can they refuse and go forward with the foreclosure?

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Jan 28, 2017

You only have to be contractually late to be in default. However most mortgage companies will start a foreclosure when you are 2 payments behind. It is a pretty stiff late charge and real damage to your credit. When the mortgage becomes 2 payments behind they will start to refuse to take your... View More

1 Answer | Asked in Foreclosure for Kentucky on
Q: When does my legal responsibility for my home end during the foreclosure process?
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Nov 17, 2016

When you pay off the balance of the loan after the home is sold. Foreclosing the home pays part of the debt. The balance is what you owe. If you dont pay this balance the lender may obtain a judgment and garnish the balance from any checking account or your wages. They may also be able to sell... View More

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