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341.815 Right of redemption.
(1)
(2)
(3)
(4)
Any employer whose property has been levied upon shall have the right to pay
the amount due, together with the expense of the proceeding, to the secretary
or his delegate at any time prior to the sale thereof and upon such payment the
secretary or his delegate shall cause such property to be restored to him and
all further proceedings in connection with the levy on such property shall cease
from the time of such payment.
The owner of any real property sold as provided in KRS 341.800, his heirs,
executors, or administrators, or any person having an interest therein, or a lien
thereon, or any person in his behalf, shall be permitted to redeem the real
property sold or any particular tract of such property, at any time within one
hundred twenty (120) days after the date of the sale. Such property or tract of
property shall be permitted to be redeemed only upon payment to the
purchaser, or in case he cannot be found in the county in which the property to
be redeemed is situated, then to the secretary or his delegate, for the use of
the purchaser, his heirs, or assigns, the amount paid by such purchaser and
interest thereon at the rate of twenty percent (20%) per annum from the date of
sale.
In the case of property sold pursuant to KRS 341.800 the secretary or his
delegate shall give to the purchaser certificate of sale upon payment in full of
the purchase price. The certificate shall set forth a description of the property
purchased, for whose contributions the property was sold and the price paid
therefor.
In all cases where property is sold pursuant to KRS 341.800, except real
property, the certificate of sale issued pursuant to subsection (3) of this section
shall have the following effect:
(a) Shall be prima facie evidence of the rights of the secretary or his delegate
to make such sale, and of the regularity of the proceeding of the sale;
(b) Shall transfer to the purchaser all right, title and interest of the subject
employer in and to the property sold;
(c) If such property consists of stock, shall be notice when received, to any
corporation, company, or association of such transfer, and shall be
authority to such corporation, company, or association to record the
transfer on its books and records in the same manner as if the stocks
were transferred or assigned by the party holding the same, in lieu of any
prior certificate, which shall be void, whether canceled or not;
(d) If the subject of sale is securities or other evidence of debt, shall be a
good and valid receipt to the person holding the same, as against any
person holding or claiming to hold possession of such securities or other
evidences of debt; and
(e) If such property consists of a motor vehicle, shall be notice, when
received by any public official charged with the registration of title to motor
vehicles, of such transfer and shall be authority to such official to record
the transfer on his books and records in the same manner as if title to
such motor vehicle were transferred or assigned by the party holding the
same, in lieu of any original or prior title, which shall be void, whether
(5)
(6)
canceled or not.
In the case of any real property sold pursuant to KRS 341.800 and not
redeemed in the manner and within the time provided in subsection (2) of this
section, the secretary or his delegate shall execute in accordance with the laws
of the Commonwealth, to the purchaser of such real property upon surrender of
the certificate of sale, a deed to the real property so purchased by him, reciting
the facts set forth in the certificate. The deed executed pursuant to this
subsection shall have the following effect:
(a) Shall be prima facie evidence of the rights of the secretary or his delegate
to make such sale, and of the regularity of the proceedings of the sale;
and
(b) If the proceedings of the secretary or his delegate have been
substantially in accordance with the provisions of KRS 341.800, such
deed shall be considered and operate as a conveyance of all right, title
and interest the employer has in and to the real property thus sold at the
time the lien of the Commonwealth attached thereto.
A certificate of sale of personal property given or a deed to real property
executed pursuant to this section shall discharge such property from all liens,
encumbrances, and titles over which the lien of the Commonwealth, with
respect to which the levy was made, had priority.
Effective:July 15, 1986
History: Created 1986 Ky. Acts ch. 26, sec. 13, effective July 15, 1986.
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