BluegrassForeclosure.com

Master Commissioner Sale Tip #5

Ok, so we have discussed getting a lawsuit started and what happens when a foreclosure is actually filed.  The complaint has been filed, but how does the suit get to judgment?  The bank must have all parties added to the suit.  Any and all debtors, lienholders and/or taxing entities.

Once the complaint has been filed, the bank (or the party that filed suit), must get all parties served.  This means that each party must have notice of the suit.  Usually this is done by having the sheriff or constable deliver a copy of the complaint to each defendant personally.  You can also have the defendants served by signing for certified mail.  Even if the bank cannot find anyone, they can still proceed with getting service via a “warning order attorney.”

Once the bank has service on all of the parties, it can then file a motion for judgment.  There are several different types of judgment, but the end result is the same.  A motion is filed asking the court to enter judgment.  This motion also includes an order of sale and an order referring the case to the master commissioner of the county.  Once the court enters or grants this motion, the case is finally referred to the master commissioner.

Next:  once the case is referred to the master commissioner . . .

Read all of the Tips here.