Terms And Conditions Of Sale
OFFICE OF BOONE COUNTY MASTER COMMISSIONER
6025 Rogers Lane
Phone: (859) 817-5840 Fax: (859) 817-5895
LARRY B. DILLON, Master Commissioner
TERMS AND CONDITIONS OF
BOONE COUNTY MASTER COMMISSIONER’S SALES
- Master Commissioner Sales are “Buyer Beware” Sales.
- The Master Commissioner sells the real estate, including any dwelling situated thereon “as is, where is and with all faults”. The condition of the property is not warranted by the Court, by the Master Commissioner, or by the Plaintiff.
- The high bidder does not receive a Warranty Deed. The high bidder receives a Master Commissioner’s Deed with no warranties.
- Title to the property is not warranted by the Court, by the Master Commissioner or by the Plaintiff.
- If you bid on property, you should perform your due diligence before you bid, not after. This includes both inspections of the title and liens on the property and also the condition of the property.
- Sales are confirmed by the Circuit Court no sooner than 10 days and no later than 21 days from the date of the sale at 8:45 a.m. before the appropriate presiding Circuit Judge. Deeds cannot be given until the Sale is confirmed and the successful bid paid in full.
- Objections to Confirmation must be in writing and filed in the Circuit Clerk’s office prior to the Confirmation Motion date for the Report of Sale. Objections must be served on the Attorney for the Plaintiff and on all parties to the action as well as the Master Commissioner.
- If you are the high bidder at the Sale, you must pay in one of two ways:
(A) Cash for the full price immediately following the Sale.
Checks will be for Certified funds or a Cashier’s check can be endorsed to the Master Commissioner, Boone Circuit Court.
(B) If you want to pay by posting bond, you must pay any deposit, if required, in the Judgment and Order of Sale, and you must have a Surety which must be (1) an insurance company, (2) a bank doing business in Kentucky (3) a surety who is a resident of Kentucky who has a financial statement showing a net worth at least twice the amount of the bond or (4) pledging other real property owned in Boone County having “equity” equal to the amount of the bond. Equity means the PVA value of the property less the amount owed on the property. Payoffs on mortgages must be provided in writing. Your Surety must unconditionally guarantee payment of the bonds. There can be no conditions of the Surety. Your Surety must attend the Sale with you and must sign the Surety form immediately following the Sale. Your Surety must be pre-approved by the Master Commissioner’s office no later than 4:30 p.m. on the Monday preceding a Thursday sale.
- Bond shall be, and shall remain, a lien on the property sold as additional security for the payment of the full purchase price, and shall have the full force and effect of a Judgment; and said Bond shall bear interest at the rate of Twelve (12%) Percent per annum until paid (30 days). The purchaser shall be required to pay the sum of 10% of the bid amount in cash or certified check on the purchase at the time of sale.
The successful bidder at the sale shall, at bidder's own expense, carry fire and extended insurance coverage on any improvements from the date of sale until the purchase price is fully paid, with a loss payable clause to the Commissioner of the Boone Circuit Court.
The property shall be sold subject to ad valorem taxes for the current year of purchase and all subsequent years thereafter; easements, restrictions and stipulations of record; assessments for public improvements levied against the property, if any; existing zoning ordinances, statutes, laws, or regulations; and any facts which an inspection and accurate survey of the property may disclose.
- Information pertinent to the sale can be found in the Notice of Sale which is advertised in the Boone County Recorder, posted at the City Buildings for Florence, Union and Walton as well as the display case at the Justice Center on the 1st floor to the right of the security desk. Information for sales as well as surety for bond can also be obtained from the website: boonecountyky.org (link to Departments and Agencies and then to Master Commissioner).