2015 Kentucky Revised Statutes CHAPTER 426 - ENFORCEMENT OF JUDGMENTS 426.690 Procedure in action to enforce lien where other liens exist against real property.
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426.690 Procedure in action to enforce lien where other liens exist against real
property.
The plaintiff in an action to enforce a lien on real property shall state in his petition the
liens, if any, which are held thereon by others, and make the holders defendants; and no
sale of the property shall be ordered by the court prejudicial to the rights of the holders of
any of the liens, and when it appears from the petition or otherwise, that several debts are
secured by one (1) lien, or by liens of equal rank, and they are all due at the
commencement of the action, or become so before judgment, the court shall order the sale
for the pro rata satisfaction of all of them, but if, in such case, the debts be owned by
different persons and be not all due, the court shall not order a sale of the property until
they all mature. If all such liens be held by the same party, the court may order a sale of
enough of the property to pay the debts then due, unless it appear that it is not susceptible
of advantageous division, or that, for some other reason, the sale would cause a sacrifice
thereof, or seriously prejudice the interests of the defendants, but the holder of a prior lien
may enforce the same when the debt thereby secured is due, notwithstanding the
existence of inferior liens, whether the debts secured thereby are due or not; and the
holder of an inferior lien, when the debt thereby secured is due, may enforce the same by
a sale of land subject to a prior lien or liens thereon, where the debt or debts secured
thereby are not yet due. Provided, that the provisions of this section shall not apply to any
liens now of record.
Effective: July 1, 1953
History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C.
sec. 694(3). -- C.C. sec. 694 amended 1916 Ky. Acts ch. 105, sec. 1.
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