91.517 Confirmation of sale by court -- Priority of distribution of proceeds.
303 words·~1 min read·
/ky/chapter-91/91-517A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)After the master commissioner sells any parcel of real estate, the court shall, upon
its own motion or upon motion of any interested party, set the cause down for
hearing to confirm the sale, even though such parcels are not all of the parcels of
real estate described in the notice of the master commissioner's sale.
(2)If the sale is confirmed, the court shall order the proceeds of the sale applied in the
following order:
(a)To the payment of all costs including court costs, publication costs, and costs
otherwise associated with the action and sale of the parcel described in the
particular count; and
(b)To the payment of all tax bills on the property, including principal, interest,
and penalties. If after the payment, there is any sum remaining of the proceeds
of the commissioner's sale of the property, the court shall try and determine
the other issues in the suit with respect to that particular count. If any of the
answering parties has specifically appealed, the court, provided that the
answering parties have, prior to the appeal, executed an appropriate
supersedeas bond, shall retain custody of the funds pending disposition of the
appeal, and upon disposition of the appeal shall make distribution. If there are
not sufficient proceeds of the sale to pay all claims in any class described, the
court shall order them to be paid in accordance with the priorities.
(3)If there are any funds remaining of the proceeds after the commissioner's sale and
after the distribution of the funds as herein set out and no person entitled to any
such funds, whether or not a party to the suit, shall have appeared within two
years after the sale, and claimed the funds, they shall escheat to the state as provided
in KRS Chapter 393.