Judicial/Foreclosure Sales Information and Links
GENERAL INFORMATION ON JUDICIAL FORECLOSURE SALES
Judicial Sales are normally held at 11:00 a.m. on the first Monday of each month in the Lexington County Judicial Center. When the first Monday of a month falls on a county or state holiday, the sale will take place the first Tuesday.
Each property is sold subject to any past due property taxes, assessments, existing easements and restrictions, and any senior liens or judgments against the property.
A Master’s Deed is not a general warranty deed. Potential bidders are responsible for all necessary research, title searches, etc. If you need further legal information or have title questions, it is advisable to contact a licensed attorney prior to bidding on any property.
Properties being auctioned at Judicial Sales are published in the Lexington Chronicle or The State for three weeks immediately prior to the sale. This will be the first place each month you will see the properties which are scheduled for the upcoming sale.
Approximately Tuesday of the week following the first publication of sale notices in the Lexington Chronicle, the court’s roster of sales will be posted under the Judicial Sale link. A copy of this roster and a Sale Book (containing copies of the Notice of Sale and Master’s Report and Judgment for each case on the roster) will also be available in the Records Room of the Clerk of Court’s office (1st floor of the Judicial Center) for public viewing.
AT THE SALE
Judicial sales are conducted with open (not sealed) bidding. At this point, it is not necessary to pre-register. However, if you are the successful bidder on a piece of property you will be required to stay and register after the sale.
If you are the successful bidder on a property sold, you are required to deposit with the Master-in-Equity Court 5% of your total bid in certified funds or money order by 4:00 p.m. on the day of sale (unless the notice of sale specifies a different time). Failure to make this required deposit can result in contempt of court proceedings. The deposit is non-refundable and will be applied toward court costs and judgment if the bid is forfeited.
Compliance with your bid includes the balance of the bid (after the 5% deposit) plus interest on the amount of the bid at the rate stated in the Notice of Sale. This interest accrues from the date of the sale to the date of full compliance with the bid. You will have either 20 days or 30 days to comply with your bid. The Notice of Sale and Master’s Report and Judgment cover the exact terms of sale for each case. Read them. You will receive further information on how to comply and receive your deed when you make your 5% deposit with the court.
All properties being advertised for judicial sale remain the private properties of their respective title holders unless or until the sale is completed, all necessary funds are paid into the Court and a deed is issued by the Court to the high bidder or his/her/its assignee. The Court has no legal authority to allow access to, or inspection of the premises. Anyone who enters onto such premises without the express consent of the titleholder or lawful occupant may be subject to severe civil and/or criminal penalties.
UNUSUAL TERMS OF SALE
Some Plaintiffs seek a deficiency judgment against the Defendant(s). That means the Plaintiff is not only foreclosing its mortgage but is also seeking a personal monetary judgment against the defendant. The bidding remains open for (30) days after the original sales date. On that 30th day, the property is offered for sale again and the highest bid is accepted. The highest bidder at the first sale (whether it be the plaintiff or someone else) cannot bid again at this second sale. If there are no upset bids at the second sale, then the property goes to the high bidder from the original sale.
Some properties are sold subject to the 120 day or one (1) year right-of-redemption of the United States of America or other governmental agencies. That means the Government has a tax lien or some other lien against the property and has the right to redeem the property during the stated time period. If this occurs,it falls outside the jurisdiction of this court and you should be reimbursed by the U.S. government.
The Master’s Report and Judgment and Notice of Sale cover all the terms of sale, unless specifically amended by the Court at the time of sale. Properties can be pulled from sale for any number of reasons up until the moment they are offered for sale.
THESE GUIDELINES ARE PROVIDED AS A COURTESY AND ARE INTENDED AS GENERAL INFORMATION. THEY ARE NOT TO BE CONSTRUED AS BINDING RULES OR LEGAL ADVICE OF ANY NATURE.
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