2009 Kentucky Revised Statutes CHAPTER 134 PAYMENT, COLLECTION, AND REFUND OF TAXES 134.490 Actions by owner of certificate of delinquency to collect or foreclose certificate -- Notice by third-party purchaser to taxpayer.
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134.490 Actions by owner of certificate of delinquency to collect or foreclose
certificate -- Notice by third-party purchaser to taxpayer.
(1) Within fifty (50) days after the delivery of a certificate of delinquency by the clerk
to a third-party purchaser, the third-party purchaser shall send to the delinquent <br>taxpayer by first-class mail with proof of mailing, a notice informing the delinquent <br>taxpayer that the certificate of delinquency has been purchased by the third-party <br>purchaser. The notice shall include the information required by subsection (3) of <br>this section.
(2) Anytime after the expiration of the one (1) year tolling period established by KRS
134.546, the third-party purchaser may institute an action to collect the amount due <br>on a certificate of delinquency. At least forty-five (45) days before instituting a legal <br>action, the third-party purchaser shall send to the taxpayer by first-class mail with <br>proof of mailing, a notice informing the taxpayer that enforcement action will be <br>taken. This notice shall also include the information required by subsection (3) of <br>this section.
(3) (a) 1.
For certificates of delinquency for all property except property described <br>in paragraph (b) of this subsection, third-party purchasers or their <br>designees shall obtain from the office of the property valuation <br>administrator of the county in which the real property is located the most <br>recent address for the property owner.
2.
To obtain information from the office of the property valuation <br>administrator, the third-party purchaser shall submit a list of addresses, <br>map identification numbers, or parcel numbers for which updated <br>information is requested to the property valuation administrator, who <br>shall: <br>a.
Update his or her records with regard to the properties for which <br>information is requested; and
b.
Provide the updated information to the third-party purchaser within <br>ten (10) days.
3.
For this service, the property valuation administrator may charge a fee <br>not to exceed two dollars ($2) for each address provided.
4.
Except as provided in subparagraph 5. of this paragraph, the third-party <br>purchaser shall send the notices required by subsections (1) and (2) of <br>this section to the address provided by the property valuation <br>administrator.
5.
If, due to insufficient staffing, the property valuation administrator is <br>unable to provide the requested information to the third-party purchaser <br>within ten (10) days of submission, the property valuation administrator <br>shall immediately notify the third-party purchaser, and the third-party <br>purchaser may send the notices required by subsections (1) and (2) of <br>this section to the address reflected in the public records of the property <br>valuation administrator.
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(b) 1.
For certificates of delinquency relating to unmined coal, oil, or gas <br>reserves or any other mineral or energy resources assessed separately <br>from the surface real property pursuant to KRS 132.820, third-party <br>purchasers or their designees shall obtain from the department the most <br>recent address for the property owner.
2.
To obtain information about a particular property, the third-party <br>purchaser shall submit to the department a list of addresses, map <br>identification numbers, parcel numbers, and any other information the <br>department may require. The department shall: <br>a.
Update its records with regard to the properties for which <br>information is requested; and
b.
Provide the updated information to the third-party purchaser within <br>ten (10) business days.
3.
For this service, the department may charge a fee not to exceed two <br>dollars ($2) for each address provided.
4.
The third-party purchaser shall send the notices required by subsections <br>(1) and (2) of this section to the address provided by the department.
(c) 1.
The third-party purchaser shall submit to the department a copy of any <br>notice sent pursuant to subsections (1) and (2) of this section and <br>returned as undeliverable within ten (10) days of receipt of the returned <br>notice.
2.
The department shall attempt to obtain an updated address for the owner <br>of the property subject to the certificate of delinquency from the <br>individual or entity filing the property tax return for the property.
3.
The individual or entity filing the property tax return shall provide an <br>address of the property owner upon request of the department.
4.
The department shall provide any updated address information to the <br>third-party purchaser.
5.
If updated information is provided, the notices sent pursuant to <br>subsections (1) and (2) of this section shall be re-sent by first-class mail <br>with proof of mailing to the updated address of the owner within ten <br>(10) days of the receipt of an updated address from the department.
(d) The third-party purchaser shall maintain complete and accurate records of all
notices sent pursuant to this section.
(e) The notices required by this section shall include the following information:
1.
A statement that the certificate of delinquency is a lien of record against <br>the property for which delinquent taxes are owed;
2.
A statement that the certificate bears interest at the rate provided in KRS <br>134.125;
3.
A statement that if the certificate is not paid, it will be subject to <br>collection as provided by law, and that collection actions may include <br>foreclosure. The notice required by subsection (2) of this section shall
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also include a statement of the intent to institute legal action to collect <br>the amount due;
4.
A complete listing of the amount due, as of the date of the notice, <br>broken down as follows: <br>a.
The purchase price of the certificate of delinquency;
b.
Interest accrued subsequent to the purchase of the certificate of <br>delinquency; and
c.
Fees imposed by the third-party purchaser; and
5.
Information, in a format and with content as determined by the <br>department, detailing the provisions of the law relating to third-party <br>purchaser fees and charges.
(f) In addition, the notice shall provide the following information to the taxpayer:
1.
The legal name of the third-party purchaser;
2.
The third-party purchaser's physical address;
3.
The third-party purchaser's mailing address for payments, if different <br>from the physical address; and
4.
The third-party purchaser's telephone number.
If the information required by this paragraph changes, the third-party <br>purchaser shall, within thirty (30) days of the change becoming effective, send <br>a notice to each taxpayer by first-class mail with proof of mailing with the <br>corrected information. The third-party purchaser shall also update contact <br>information included in the records of the county clerk within ten (10) days of <br>the change becoming effective. Failure to send the original notice or any <br>correction notices shall result in the suspension of the accrual of all interest <br>and any fees incurred by the third-party purchaser after that date until proper <br>notice is given as required by this subsection.
(4) If a person entitled to pay a certificate of delinquency to a third-party purchaser
makes payment on the certificate of delinquency to the county clerk under the <br>conditions described in KRS 134.127(3)(d), the payment shall constitute payment in <br>full, and no other amounts may be collected by the third-party purchaser from the <br>person.
(5) A third-party purchaser may offer an installment payment plan to a taxpayer. If an
installment payment plan is offered, the third-party purchaser shall not charge, <br>assess, or collect from the taxpayer any fees, charges, interest, or other amounts that <br>exceed the fees, interest, or other amounts expressly authorized by this chapter to be <br>charged, assessed, or collected. The department may establish additional terms and <br>conditions for installment payment plans in an administrative regulation.
(6) Any person to whom a third-party purchaser transfers or assigns a certificate of
delinquency shall be considered a third-party purchaser under this chapter.
Effective: April 7, 2010 <br>History: Amended 2010 Ky. Acts ch. 75, sec. 8, effective April 7, 2010. -- Amended
2009 Ky. Acts ch. 10, sec. 15, effective January 1, 2010. -- Amended 2007 Ky. Acts
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ch. 14, sec. 5, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 209, sec. 15, <br>effective March 30, 1998. -- Amended 1994 Ky. Acts ch. 65, sec. 5, effective July <br>15, 1994. -- Amended 1990 Ky. Acts ch. 27, sec. 11, effective July 13, 1990. -- <br>Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. <br>sec. 4149b-7.
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