KentuckyHB 5662026 Regular SessionHouseWALLET

AN ACT relating to judicial sales.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Caps and rules for court-ordered auctions

The law caps auctioneer charges in foreclosure sales. For real estate, the total fee cannot be more than 10% of the sale price. For personal property, the commission is capped at 25%, and an extra auction premium up to 10% is allowed. Auctioneer fees do not include the master commissioner’s court-set fees, and a master commissioner who is also a licensed auctioneer cannot take an extra auctioneer fee. If a creditor asks, the master commissioner must hire a licensed auctioneer on terms the creditor accepts. Public real estate auctions run by a licensed auctioneer happen at the property unless the auctioneer picks a better site in the same county. For non-foreclosure court sales, the fee and sale process are set by agreement with the auctioneer.

Certified copies accepted across Kentucky

A public records custodian can certify a photocopy as a true, complete copy. If a document was made and filed in Kentucky, you can file a certified copy in another Kentucky county and it is treated like the original. Clerks accept only originals or certified copies that meet all filing rules under KRS Chapter 382. These certified-copy rules apply only to Kentucky-made records used in Kentucky.

Faster filing of foreclosure and court deeds

A mortgage holder must record a deed in lieu of foreclosure within 45 days after it is signed. A grantee who receives a deed from a court-appointed commissioner must file it within 5 business days of receipt. If the property is in a city and the grantee does not file within 30 business days, the city may ask the court to compel filing and recover court costs and attorney’s fees.

Stricter rules for deed recording

Deeds that give a life estate or more must state the grantor’s immediate source of title. Every deed must cite the prior recorded deed (office, book, page, and date) or clearly explain how and from whom title was obtained; if title came from more than one source, each source and the part conveyed must be listed. Clerks must refuse deeds that do not meet these rules. Clerks are protected from certain fines for reference errors, deeds by court officers and those made before March 20, 1928 are exempt, and a deed is not invalid just because it was lodged contrary to this section.

Sponsors & Cosponsors

Sponsor

David Meade
Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 226 • No: 0

Senate vote • 3/31/2026

3rd reading, passed

Yes: 38 • No: 0

House vote • 3/31/2026

passed

Yes: 93 • No: 0

House vote • 3/16/2026