The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.
Kentucky Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
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How to fill out Petition Or Complaint To Enjoin Nonjudicial Foreclosure Sale And For Declaratory Relief?
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FAQ
You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely or at least delay it. If you have a bit more time on your hands, you can apply for a loan modification or another workout option.
In Kentucky, lenders and judicial liens foreclose on homes in Circuit Court. Interestingly, other states use a deed of trust to foreclose a home. It's also good to know that most foreclosures take about six months or less if done by default. However, cases can often take a year or more if you fight a foreclosure.
In Kentucky, foreclosures go through a judicial process, meaning foreclosures are handled by the courts. When it is determined that a borrower is in default on a loan, the lender files a foreclosure suit with the circuit court.
Redemption Period After a Foreclosure Sale in Kentucky In Kentucky, if the home sells for less than two-thirds of its appraised value at the foreclosure sale, you get six months to redeem the property. (Ky. Rev. Stat.
If the lender agrees to accept a deed in lieu of foreclosure, this releases the lien on the home. This way, the lender gets to recoup on their losses without forcing a foreclosure on you. A deed in lieu agreement also releases you from the remainder of your mortgage payments.
Nonjudicial foreclosures occur if your mortgage has a power of sale clause, and allow your mortgage company to auction off your home after a warning and waiting period. Nonjudicial foreclosures can be a faster process than judicial foreclosures as they do not involve having to go to court.
Typically the mortgage will be about 6 months overdue when the homeowner is served with foreclosure. Service of process must be by certified mail, sheriff, warning order attorney or secretary of state.
How Can You Stop a Foreclosure in Kentucky? Reinstating the Loan. Kentucky law does not give a statutory right to restore the loan before the sale unless the loan is a high-cost house loan. ... Redeeming the Property. Redeeming the property is one strategy to avoid foreclosure. ... Filing for Bankruptcy.