(1) Before any real property is to be sold under an order or judgment of a court, other than an execution, the commissioner or other officer selling the property shall have it appraised, under oath, by two (2) disinterested, intelligent housekeepers of the county, who may be sworn by the officer. If they disagree, the officer shall act as umpire. If only a part of a tract of land is sold, the part sold shall, after the sale, be revalued in like manner.
(2) The appraisal made shall be in writing, signed by the persons making it, and returned by the commissioner or officer to the court which made the order or rendered the judgment for the sale of the property. Prior to the sale, the appraisal shall be filed among the papers of the cause in which the judgment was rendered or the order made, and entered on the records of the court. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 39, sec. 2, effective July 12, 2012. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2362, 2363.
Notes of Decisions
Eagle Cliff Resort, LLC v. KHBBJB, LLC, 295 S.W.3d 850 (Ky. Ct. App. 2009).
“The trial court ordered an appraisal pursuant to KRS 426.520. The court-appointed appraiser valued the property at $1,057,500.”
Pearman v. West Point Nat'l Bank, 887 S.W.2d 366 (Ky. Ct. App. 1994).
“KRS 426.520. The realty was sold “at the courthouse door” by the master commissioner on July 12, 1991, with the bank being the sole bidder and purchaser at $31,-000.”
Hollon v. Rose, 268 S.W.2d 641 (Ky. Ct. App. 1954).
· cites it 2× “Appellant also urges that the judgment be reversed because of an alleged violation of KRS 426.520, concerning appraisal of real property before a judicial sale.”
Burchett v. Bank Josephine, 474 S.W.2d 66 (Ky. Ct. App. 1971).
“We have examined the appraisal and the filing of the report in the light of KRS 426.520. We find that the appraisal was regular as to form and is in conformity with the terms set out in the Master Commissioner’s report.”
Carrington Mortg. Servs., LLC v. Commonwealth of Kentucky, Cnty. of Letcher (Ky. Ct. App. 2025).
· cites it 12× “Applicable Kentucky Law KRS 426.520 provides: (1) Before any real property is to be sold under an order or judgment of a court, other than an execution, the commissioner or other officer selling the property shall have it appraised, under oath, by two (2) disinterested,…”
Maynard v. Boggs, 735 S.W.2d 342 (Ky. Ct. App. 1987).
“The statute regulating sales of indivisible property in Kentucky is KRS 389A.”
Call v. Call, 367 S.W.2d 274 (Ky. Ct. App. 1963).
“There is nothing in subsection (1) of KRS 426.520 that requires that the appraiser’s report be filed in court before the date of sale.”
In Re Woodford, 354 B.R. 153 (Bankr. W.D. Ky. 2006).
· cites it 2× “KRS 426.520. Among the procedural requirements for a valid sale by a master commissioner is the preparation of a report, objections to which may be filed within ten days of notice therefor.”
Andrew v. Brim, 272 S.W.2d 668 (Ky. Ct. App. 1954).
“In the present action, under Section 518, Civil Code of Practice, the appellant charges that the second sale was invalid *670 because the master commissioner had no legal right to again sell the property without an order of court; that the appraisers at the sale were not sworn'…”
— Ky. Rev. Stat. § 426.520(2) — 1 case
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