Ky. Rev. Stat. » Chapter 426
Kentucky Revised Statutes

Ky. Rev. Stat. § 426.006 (2026)

Other liens to be stated in action to enforce lien -- Cross claim

✓ current as of May 2026
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The plaintiff in an action for enforcing a lien on property shall state in his petition the liens held thereon by others, making them defendants; and may ask for and obtain a judgment for a sale of the property to satisfy all of said liens which are shown to exist, though the defendants fail to assert their claims. Such defendants shall not, however, be allowed to withdraw or receive any of the proceeds of such sale, until they have shown their right thereto by answer and cross claim, which shall be asserted as provided in the Rules of Civil Procedure. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, secs. 1 and 27, effective July 1, 1953, from C.C. sec. 692.

Notes of Decisions
Cited in 17 cases (6 in the last 5 years), 1959–2024 · leading case: Citizens Bank v. Plasticware, LLC, 830 F. Supp. 2d 321 (E.D. Ky. 2011).
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Citizens Bank v. Plasticware, LLC, 830 F. Supp. 2d 321 (E.D. Ky. 2011). · cites it 9× “KRS § 426.006. Non-responding parties are barred from obtaining any proceeds of a sale.”
Tax Ease Lien Investments 1, LLC v. Commonwealth Bank & Trust, 384 S.W.3d 141 (Ky. 2012). · cites it 2× “” Here, Commonwealth Bank, as mortgagee of the property, was a lienholder at the time Tax Ease filed suit and, pursuant to KRS 426.”
Goldsmith v. Fifth Third Bank, 297 S.W.3d 898 (Ky. Ct. App. 2009). · cites it 2× “Analysis On appeal, Goldsmith argues: (1) that the trial court lacked the power to enter judgment on mortgages that no longer existed and that Fifth Third lacked standing to tender the motion for judgment for the same reason; (2) that Fifth Third failed to follow the mandates of…”
Kirklevington Assocs., Ltd. v. Kirklevington North Assocs., Ltd., 848 S.W.2d 453 (Ky. Ct. App. 1993). · cites it 4× “Associates comes to this conclusion by way of KRS 426.006, which states in part: *455 The plaintiff in an action for enforcing a lien on property shall state in his petition the liens held thereon by others, making them defendants.”
PNC Bank, N.A. v. Citizens Bank of N. Kentucky, Inc., 139 S.W.3d 527 (Ky. Ct. App. 2003). “KRS 426.006 requires that "[t]he plaintiff in an action for enforcing a lien on property shall state in his petition the liens held thereon by others, making them defendants; and may ask for and obtain a judgment for a sale of the property to satisfy all of said liens which are…”
Mortg. Elec. Reg. Sys., Inc. v. MainSource Bank, 425 S.W.3d 892 (Ky. Ct. App. 2014). · cites it 3× “KRS 426.006 directs: The plaintiff in an action for enforcing a lien on property shall state in his petition the liens held thereon by others, making them defendants; and may ask for and obtain a judgment for a sale of the property to satisfy all of said liens which are shown to…”
Kentucky State Bank v. AG Servs., Inc., 663 S.W.2d 754 (Ky. Ct. App. 1984). “Kentucky State Bank was made a party-defendant to the proceeding by virtue of its mortgage liens and in accordance with KRS 426.006 and 426.690. Kentucky State Bank through its own counsel answered the complaint setting up the three separate mortgage liens and filed a…”
Commonwealth, Revenue Cabinet v. Liberty Nat'l Bank of Lexington, 858 S.W.2d 199 (Ky. Ct. App. 1993). · cites it 2× “” KRS 426.006. The Cabinet is, in essence, asserting that it is exempt from the requirements of KRS 426.”
Owens v. First Commonwealth Bank of Prestonsburg, 706 S.W.2d 414 (Ky. Ct. App. 1985). “We cannot ascertain whether the bank followed the procedure outlined in KRS 426.006 because the record in this case is in the form of an agreed statement.”
Swift & Co. v. Campbell, 360 S.W.2d 213 (Ky. Ct. App. 1962). “It is a remedy separate and apart from actions and is not within the purview of KRS 426.006 or any rule of law requiring that other lienees be made parties.”
UMB Bank, N.A. v. JB Forum Land, LLC (W.D. Ky. 2024). · cites it 9× “UMB responds that it does have a justiciable claim against AT Forum and Larmore because KRS 426.006 requires all lienholders of record with an interest in the property to be named when a lawsuit seeks foreclosure.”
HBKY, LLC v. Elk River Exp., LLC (E.D. Ky. 2022). · cites it 8× “] Though HBKY fails to cite the legal authority on which it requests enforcement, the Court surmises its claim to be made pursuant to KRS § 426.006. Section 426.006 describes the process that those who seek to enforce a lien on property in Kentucky must follow: The plaintiff in…”
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