GroundRules
← Search the law
Kentucky · Snapshot 09/05/2026

KRS 426.690: Procedure in action to enforce lien where other liens exist against real

Read at publisher ↗
Where this section sits in the code
  1. KRS Chapter 426

property.

The plaintiff in an action to enforce a lien on real property shall state in his petition the

liens, if any, which are held thereon by others, and make the holders defe ndants; and no

sale of the property shall be ordered by the court prejudicial to the rights of the holders of

any of the liens, and when it appears from the petition or otherwise, that several debts are

secured by one (1) lien, or by liens of equal rank, a nd they are all due at the

commencement of the action, or become so before judgment, the court shall order the sale

for the pro rata satisfaction of all of them, but if, in such case, the debts be owned by

different persons and be not all due, the court sh all not order a sale of the property until

they all mature. If all such liens be held by the same party, the court may order a sale of

enough of the property to pay the debts then due, unless it appear that it is not susceptible

of advantageous division, o r that, for some other reason, the sale would cause a sacrifice

thereof, or seriously prejudice the interests of the defendants, but the holder of a prior lien

may enforce the same when the debt thereby secured is due, notwithstanding the

existence of infe rior liens, whether the debts secured thereby are due or not; and the

holder of an inferior lien, when the debt thereby secured is due, may enforce the same by

a sale of land subject to a prior lien or liens thereon, where the debt or debts secured

thereby are not yet due. Provided, that the provisions of this section shall not apply to any

liens now of record.

Collected 2026-09-05T20:59:44Z. Source file · JSON

Browse this collection