Legal Question in Real Estate Law in Kentucky

Re: imminent domain -highway state of KY

I have to make a lot of assumptions in order to answer. You use a lot of abbreviations. I am assuming that the Kentucky Department of Transportation needs your property for something. The process (very generally)is that the department approaches you and makes an offer and you negotiate. I am also assuming that you and the department cannot come to terms and that the department has filed a condemnation action against your property. When the action is filed, the Court appoints commissioners to appraise the property. When their reporot is filed, each side has a certain amouont of time to object to the opinion of the Commissioners as to the value of the property. You file objections saying that the appraisal is too low or the department files objections saying that the appraisal is too high. If some agreement cannot be reached, then it can go to a jury trial on the value of the property. If the department wants to go ahead and use the property, then they deposit the amount of the appraisal in Court and your property is deeded to them and the matter continues on to jury trial. Your mortgage holder will be a part of the lawsuit. I am assuming that your use of the word "recap" is "mortgage broker speak" for a early payment penalty. This has no relationship to the value of your property. It seems that you should retain a local attorney at this time, if you have not already done so, to guide you through this process. If you do not object to the Commissioner's report within the time limits, then you may, and most probably are,be hooked into that value.