Summary of Kentucky's Foreclosure Laws

If you are facing foreclosure in Kentucky, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Kentucky
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Kentucky foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.


State Rule

Most common type of foreclosure process


Notice of the foreclosure

Borrower has 20 days to respond after being served with the complaint. If court issues a foreclosure judgment, foreclosing party must post notice on courthouse door (and three other places) and publish notice in a newspaper.

Reinstatement of loan before sale

Generally, no right to reinstate (except as permitted by the terms of the mortgage). If loan is a high-cost home loan (under Ky. Rev. Stat. Ann. § 360.100), foreclosing party must provide a notice of default giving the borrower at least 30 days to reinstate before filing the foreclosure complaint.

Redemption after sale

Available for six months after sale, if sale amount is less than two-thirds of property’s appraised value

Special protections for foreclosures involving high-cost mortgages

Before foreclosing a high-cost home loan, the foreclosing party must provide a notice of default to the borrower that gives 30 days to cure the default and reinstate the mortgage. Ky. Rev. Stat. Ann. § 360.100.

Special state protections for service members

Protections under the federal Servicemembers Civil Relief Act extended to state national guard ordered to state active duty by governor for a period of 30 days or more. Ky. Rev. Stat. Ann. § 38.510

Deficiency judgments

Allowed (but not against a defendant who is constructively summoned, and who has not appeared in the action)

Cash exempted in bankruptcy

$1,000 for one person, $2,000 for a married couple under state bankruptcy exemptions. About $12,725 for one person, $25,450 for a married couple under federal bankruptcy exemptions.

Notice to leave after house is sold

New owner is entitled to possession upon ten days’ notice. If former owner does not move out, purchaser can get a writ of possession issued by the court.

Foreclosure statutes

Ky. Rev. Stat. Ann. §§ 426.005, 426.200, 426.260, 426.530, 426.560

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