Legal Question in Real Estate Law in Kentucky

What are the laws dealing with foreclosure and eviction

my house was sold at auction after foreclosure.i was served with an order of posession and secorted off the property.allowed only to take a change of clothes and my court papers.the order stated that I was to be removed with my belongings,but i couldn't go back for my herat medication or nothing else.I recieved a letter from the buyer stating that I had only one day to remove my stuff and had to be with a deputy.sherriffs' secretary said he don't get involved in civil cases.what can I do? they are already removing everything.how can they do this?


Asked on 7/17/05, 3:19 am

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: What are the laws dealing with foreclosure and eviction

A forclosure is not a speedy thing. You had to have had notice of the lawsuit. At least 20 days must pass from the date of service of the lawsuit before the plaintiff can ask for a judgment and order of sale (this is more like 30 to 60 days as a practical matter). The commissioner must schedule the sale and advertise it in the local paper. The Commissioner's report of sale cannot be approved for 10 days and there may be other short delay. During all of this time, you should have been preparing to move if you did not contemplate defending the action or attending the sale. You should have had notice that the buyer was asking for possession since you have been in come sort of contact. This is something that you brough on yourself. While the Court may allow you to retrieve some personal property, it will not hold up the buyer. If I were you, I would at least speak to a local attorney.

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Answered on 7/18/05, 5:41 am


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