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Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession

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US-01018BG
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Description

Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.

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FAQ

If the court grants summary judgment in favor of the bank, typically after a hearing, the bank wins the case, and your home will be sold at a foreclosure sale.order the foreclosure sale, or. dismiss the case, usually without prejudice. (Without prejudice means the bank can refile the foreclosure.)

Kentucky is a judicial foreclosure state and a lawsuit must be filed by a licensed attorney for any corporation to foreclose on a mortgage.

After foreclosure, you might still owe your bank some money (the deficiency), but the security (your house) is gone. So, the deficiency is now an unsecured debt.

It takes approximately 5 months to foreclose on a Kentucky property. That process may be lengthened if the borrower contests the foreclosure or it may be shortened if the borrower abandons the property during the foreclosure process.

You have up until 5 days before the foreclosure sale to cure the default and stop the process. This is called reinstatement of the loan.

In Kentucky, the purchaser from the foreclosure sale is entitled to possession of the property after ten days' notice to the former owners.

Judicial foreclosure is when foreclosure proceedings on a property take place through the court system. This type of foreclosure process often occurs when a mortgage note lacks a power of sale clause, which would legally authorize the mortgage lender to sell the property if a default occurred.

Foreclosure Defined Foreclosure means that your mortgage lender can legally repossess your house due to nonpayment. They can then sell your house to help repay the debt you owe on it.

To get the deficiency judgment, the bank has to file an application with the court within three months of the foreclosure sale. The judge will then hold a fair value hearing to determine the property's value.

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Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession