Woodford County Circuit Court, Kentucky Filing Fees and Waivers

CRITICAL

Applies to

Judicial sale administrative fee

In mortgage foreclosure and real estate lien enforcement cases, the Circuit Clerk collects the required JSAF with the original filing fee.

In all mortgage foreclosure or real estate lien enforcement cases, the Judicial Sale Administrative Fee (JSAF) required by Part IV, Sec. 1(9) of the Administrative Procedures of the Court of Justice shall be collected by the Circuit Clerk along with the original filing fee.

CRITICAL

Fee

50 $

Applies to

Motion

The $50 reopening fee is charged for subsequent custody or visitation motions in a Title IV-D action brought by a private attorney or pro se party rather than Title IV-D counsel, unless the motion is in forma pauperis.

However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding custody and visitation are brought by a private attorney or are filed by a party prose, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.

CRITICAL

Fee

$50

Applies to

Approval of sale document

A $50 fee is assessed for each approval of the listed sale orders, reports, and notices.

A $50 fee shall be assessed for each approval of Order of Sale or Judgment, Report of Sale, Report of Cancelled Sale, and Notice of Sale.

CRITICAL

A fee payable to the Circuit Court Clerk must accompany bonds submitted for signature and approval.

All bonds shall be submitted to the Master Commissioner and the Court for signature and approval along with the fee payable to the Circuit Court Clerk.

CRITICAL

Applies to

Rescheduled sale referral

If a property remains unsold six months after its last appraisal of record, a new Order of Referral and JSAF must be paid before a rescheduling motion is filed or, without a motion, before the sale is rescheduled.

For all properties not sold within six (6) months of the date of the last appraisal of the property filed of record, a new Order of Referral and JSAF shall be due and payable before a Motion is filed to reschedule the sale of the property, or in the absence of a motion, before the property can be rescheduled for sale.

CRITICAL

Fee

$50

Applies to

Deed or title

A $50 fee is charged for drafting and executing any necessary deed or title.

Additionally, a fee of $50 shall be charged for drafting any necessary deed or title and executing same.

CRITICAL

Applies to

Withdrawn sale fee

A withdrawn sale is subject to a fee based on the appraisal value, subject to a $400 minimum, a $2,500 cap except for multiple properties, and an additional-property charge.

If the sale is withdrawn, a fee of not more than 50% of the sale fee based upon the appraisal value of the property as calculated above, or $400, whichever is greater, shall be assessed. The fee based upon this calculation shall not exceed $2,500 unless the sale involves more than one property, parcel, or judgment. If the sale involves more than one property, parcel, or judgment, then 50% of the $650.00 fee per additional property, parcel, or judgment shall be assessed, in addition to the fee calculated above.

CRITICAL

Applies to

Judicial sale expense deposit

A deposit sufficient to cover the direct cost of the sale must be paid to the Master Commissioner.

As referenced in Rule XXV(F), a deposit shall be paid to the Master Commissioner sufficient to pay the direct cost of the sale.

CRITICAL

Applies to

Payment of money or estate settlement

When paying out money or settling estates, the Master Commissioner or Receiver assesses fees of 3% on the first $2,000, 2.5% on the next $3,000, and 1.5% on amounts over $5,000.

The Master Commissioner or Receiver shall assess the following fees when paying out money or settling estates: 3% of the first $2,000 2 ½% for the next $3,000 1 ½% for the excess over $5,000

CRITICAL

Applies to

Order or judgment requiring advertisement

For an order or judgment requiring advertisement, the submitting party must deposit the Master Commissioner’s estimated advertising and/or appraisal costs for each property before a sale is scheduled or advertisement or appraisal is arranged.

When any Order or Judgment is submitted to the Master Commissioner requiring advertisement, the submitting party shall deposit with the Master Commissioner an amount sufficient to pay the estimated costs of the proposed advertisement and/or appraisal for each property to be sold as determined in the discretion of the Master Commissioner. The Master Commissioner shall not schedule a sale or cause an advertisement or appraisal to be made until the deposit is paid.

CRITICAL

Fee

650

Applies to

Additional property sale fee

A $650 fee is assessed for each additional property, parcel, or judgment involved in the sale.

property, parcel, or judgment, a fee of $650 per additional property, parcel, or judgment shall be assessed in addition to the fee calculated above.

CRITICAL

Fee

50 $

Applies to

Motion

The $50 reopening fee is not paid for motions in Title IV-D cases seeking child support modification or enforcement.

Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement.

CRITICAL

Applies to

Motion for judgment and order of sale

The JSAF becomes due when a Motion for Judgment and Order of Sale is filed, and that motion cannot be accepted until the Clerk receives the JSAF and Order of Referral.

The JSAF shall not be due and payable until a Motion for Judgment and Order of Sale is filed in an action. The Motion for Judgment and Order of Sale shall not be accepted for filing until the Clerk receives the JSAF and Order of Referral.

CRITICAL

Fee

$400

Applies to

Sale withdrawn before appraisal

A $400 fee applies when a sale is withdrawn before appraisal, unless the court approves another amount up to $2,500 on proper motion and good cause.

If the sale is withdrawn before an appraisal has been completed, a sale fee of $400.00 shall be assessed; or, upon good cause shown by proper motion, the Circuit Court may approve some other amount of fee not to exceed $2,500.

CRITICAL

Applies to

Judicial sale administrative fee

A separate JSAF and Order of Referral are required for each property in an action involving multiple properties.

In all such actions involving the sale of multiple properties, a separate JSAF and order of referral shall be required for each property.

CRITICAL

Applies to

Judicial sale

The Master Commissioner’s fee for each judicial sale is 3% of the final bid, with a minimum of $400 and a maximum of $5,000 unless the sale involves more than one property, parcel, or judgment.

The fee for each judicial sale shall be calculated as 3% of the final bid. The fee based upon this calculation shall be no less than $400 and shall not exceed $5,000 unless the sale involves more than one property, parcel, or judgment.

CRITICAL

Fee

$50

Applies to

Report and recommendation on tendered foreclosure judgment

A $50 fee is charged for each report and recommendation prepared on a tendered foreclosure judgment in an uncontested mortgage or lien enforcement case.

A fee of $50 shall be charged for each report and recommendation(s) prepared on tendered foreclosure judgments in uncontested cases for enforcement of a mortgage or other lien.

WARNING

Applies to

Judicial sale direct expenses

Expenses incurred for a sale are not refunded if the sale is withdrawn.

If a sale is withdrawn, incurred expenses will not be refunded.

WARNING

The fee is not assessed when a sale fee is assessed, excludes creditor-exempt amounts when computing fees for insolvent estate account settlements, and may not exceed $5,000.

The fee shall not be assessed if a sale fee is assessed. For settlement of accounts of insolvent estates this computation shall exclude any amounts exempt from creditors. The fee shall never exceed $5,000.

WARNING

Applies to

Auctioneer service

When an auctioneer is ordered for a real estate sale, the Court sets the fee, which may not exceed six percent of the sale price and is paid from the sale proceeds.

In all sales of real estate where an auctioneer is ordered, the fee for the auctioneer shall be determined by the Court, which sum shall not exceed six percent (6%) of the sale price. The fee shall be paid from the proceeds of the sale.

WARNING

Applies to

Hearing

A fee is assessed for a Master Commissioner hearing and report on a KRS Chapter 425 possessory or attachment matter, and must be paid before the hearing.

When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.

WARNING

Applies to

Judicial sale administrative fee

The Circuit Court Clerk must transmit the fee to the Administrative Office of the Courts as directed by AOC.

The fee shall be transmitted by the Circuit Court Clerk to the Administrative Office of the Courts as directed by AOC.

WARNING

Fee

150

Applies to

Appraisal

For real estate sales requiring an appraisal, each appraiser is paid $150 from the sale proceeds unless the Court orders otherwise.

In all sales of real estate where an appraisal is required, the fee of each appraiser shall be $150.00, unless otherwise ordered by the Court. The fee shall be paid from the proceeds of the sale.

WARNING

Applies to

Judicial sale direct expenses

The Master Commissioner may recover necessary direct expenses attributable to a judicial-sale case, including the listed costs.

In addition to the fee authorized in subsection (1), above, the Master Commissioner may also recover necessary direct expenses attributable to the case referred for judicial sale including the cost of postage, copies, faxes, long distance telephone, advertising, appraisers, a licensed auctioneer pursuant to KRS 426.522, and the cost of the care of the property in his or her possession.

WARNING

Master Commissioner fees are governed by the fee schedule in Part IV of the Administrative Procedures of the Court of Justice, including amendments.

The fees charged by the Master Commissioner are subject to a schedule promulgated in Part IV of the Administrative Procedures of the Court of Justice and any amendment(s) thereto.

WARNING

Fee

60

Applies to

Hearing

Other hearings without a sale, settlement, or receivership are charged at $60 per hour in quarter-hour increments, payable by the fifth working day after the hearing, with a $600 per-case cap that may be exceeded only upon the specified judicial recommendation and approval for extraordinary circumstances.

For any other hearing in which there is not a sale, settlement, or receivership, a fee shall be assessed at $60 per hour in quarter-hour increments. These fees shall be paid to the Master Commissioner and shall be due on the fifth working day following the conclusion of the hearing. No more than $600 in hearing fees shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.

WARNING

​Payment options: Cash, local check, cashier's check, certified check, money order, credit and debit cards (fee applies). Payment forms other than local check accepted for restitution. Cash required for bond.

​Payment options: Cash, local check, cashier's check, certified check, money order, credit and debit cards (fee applies). Payment forms other than local check accepted for restitution. Cash required for bond.

WARNING

If a case is reopened, up to $200 in additional fees may be assessed, with a higher amount permitted only upon the specified judicial recommendation and approval for extraordinary circumstances.

If a case is reopened, additional fees totaling no more than $200 may be assessed unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.

WARNING

Applies to

Appraisal

For court-ordered appraisals of personal property, the Court fixes each appraiser’s fee based on evidence it may require about the property, the number and value of items, and the work involved.

In sales of personal property under Judgment or Decree of Court directing an appraisal of personal property, the fee of each appraiser shall be fixed by the Court and shall be determined on such evidence as the Court may require regarding the kind and character of the property appraised; the number of items of property involved; its value, and the time, labor and skill involved in making said appraisal.

WARNING

Fee

$200

Applies to

Additional judicial sale administrative fee

No additional $200 JSAF is charged when a withdrawn sale is rescheduled within six months, while a rescheduling after more than six months is treated as a new referral for sale.

For a judicial sale that is withdrawn prior to the sale date and later re-scheduled for sale within six (6) months of the previous sale date, an additional $200 JSAF shall not be charged. Any withdrawn sale that is re-scheduled after more than six (6) months from the last sale date shall be considered a “new referral for sale.”

INFO

Applies to

Appraisal

For appraisals of commercial industrial real estate or multiple parcels in court-ordered real estate sales, the Court may allow an additional appraisal fee by order, considering the time, labor, and skill involved.

In sales of real estate under Judgment or Decree of Court, where an appraisal of commercial industrial real estate or real estate consisting of multiple parcels is required, the Court may, by Order, allow a fee in addition to that set forth above, for the appraisement including the time, labor and skill involved therein.

CRITICAL

A motion to modify custody, timeshare, or visitation must be filed in a new custody proceeding and requires a filing fee unless brought in forma pauperis.

However, any motions to modify shall be filed in a new custody proceeding and require a filing fee unless the motion is brought in forma pauperis.