KRS 426.205: Sale of vacant and abandoned real property to enforce mortgage or lien --

Proof of vacancy and abandonment -- Confirmation of sale and conveyance of

property.

(1) In an action otherwise properly brought to enforce a mortgage or lien against r eal

property, including a lien pursuant to KRS 65.8801 to 65.8839 or KRS 65.8840,

which has been determined by the court to be vacant and abandoned, a sale of the

property shall be ordered expeditiously.

(2) Real property shall be considered vacant and aba ndoned, for purposes of this

section only, if there has been no legal resident or other person legally entitled to

occupy the property residing at the property for a period of forty -five (45) or more

consecutive days and two (2) or more of the following or similar circumstances

which would lead a reasonable person to believe that the property is vacant exist:

(a) Overgrown or dead vegetation;

(b) Accumulation of flyers, mail, or trash;

(c) Disconnected utilities;

(d) The absence of window coverings or furniture;

(e) Uncorrected hazardous conditions or vandalism; or

(f) Statements of neighbors, delivery persons, or government employees that the

property is vacant.

Proof of vacancy and abandonment may be offered by affidavit filed at or after the

time of filing of the complaint by the plaintiff or other lienholder.

(3) If the court makes a finding in the order of sale that the property is vacant and

abandoned, the master commissioner shall sell the property within seventy (70) days

of the order.

(4) The plaintiff or other mortgage or lienholder in whose favor the judgment and order

of sale were entered shall apply for an order confirming the sale within twenty (20)

days of the date of the sale and, unless there have been exceptions to the report of

the master c ommissioner, the court shall act on such application not later than the

next regularly scheduled civil motion or rule day.

(5) The master commissioner shall make conveyance of the property on the date the

court confirms the sale, or as soon thereafter as a ll costs and fees have been paid by

the foreclosing mortgagee or lienholder, or as soon as a third -party purchaser has

paid the purchase price.