Legal Question in Real Estate Law in Kentucky
injunctive relief
The mortgage holder First Chicago NBD Mortgage Company sold my property on 08/06/02 via the local County Commissioner Sale, the sale will be final by 08/19/02. I was not notified of the sale. How do I get an injunction to stop the sale from becoming final and what should I do to recover my property?
1 Answer from Attorneys
Re: injunctive relief
Were you notified that a lawsuit had been filed against you, i.e. did you receive summons either by personal service or by mail, or were you out of the state and served by Warning Order Attorney?
Did you file an answer to the complaint? You may have waived notice. Besides, Ky law requires that the sale be advertised in the local legal paper three times prior to the sale. If you wish to contest the sale, you must file a motion to that effect with the Court Clerk and send all parties notice and the time and date that you want to be heard. I think that you need the assistance of local counsel for this. Commissioner sales can be complicated and the law relating thereto is old. Very difficult to navigate for a "first timer" even if he/she is an attorney. You do not need an injunction, just an objection to the approval of the sale.