Kentucky — Contract for Deed / Land Contract
Legal information, not legal advice. Verify against the cited primary sources before acting. Statutes in this area are frequently amended. Last verified: 2026-06-08.
Kentucky is the canonical treat-as-mortgage jurisdiction. Since sebastian-v-floyd-1979, 585 S.W.2d 381 (Ky. 1979), an installment land contract has been treated as the practical equivalent of a purchase-money mortgage: the seller’s retained legal title is merely a security lien, equitable title is in the buyer, and a forfeiture clause is unenforceable as a matter of law. The seller’s exclusive remedy for a buyer’s default is a judicial sale of the property — the same foreclosure-style process used for a defaulted mortgage — from which the buyer’s accumulated equity and any sale surplus are protected. There is no Kentucky installment-land-contract statute, no statutory cancellation/cure regime, and no CFD-specific mandatory-disclosure schedule: the instrument is governed by general conveyance, mortgage-foreclosure, and contract law, with Sebastian (reaffirmed in slone-v-calhoun-2012) supplying the controlling remedy rule.
0. Identity & Terminology
- In-state name(s): “land contract” and “installment land contract” are the dominant terms (used in the case law — Sebastian v. Floyd speaks of an “installment land sale contract”). “Contract for deed” is used colloquially and by county clerks. The buyer is the vendee/purchaser; the seller is the vendor/seller. — sebastian-v-floyd-1979, 585 S.W.2d 381, 382 (Ky. 1979), https://scholar.google.com/scholar_case?case=2533604115162136241
- Recognition: Common law (judge-made). Kentucky has no dedicated installment-land-contract statute; formation rides on the statute of frauds (KRS 371.010) and general conveyance law (KRS ch. 382), and the remedy rule is case law (Sebastian). — KRS 371.010, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35220
- Statutory home: No CFD-specific chapter. The relevant statutes are the statute of frauds, KRS 371.010; recording, KRS ch. 382 (esp. § 382.110); judicial-sale / redemption, KRS ch. 426 (esp. § 426.530); interest/usury, KRS 360.010; real-estate transfer tax, KRS 142.050; and the real-estate licensee seller-disclosure form, KRS 324.360. — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44934
- Remedy regime: treat_as_mortgage. A forfeiture clause in an installment land contract is “not enforceable”; the seller’s interest is “treated as a lien” analogous to a purchase-money mortgage, and “[t]he seller’s remedy for breach of the contract is to obtain a judicial sale of the property.” — sebastian-v-floyd-1979, 585 S.W.2d 381, 383–84 (Ky. 1979), https://scholar.google.com/scholar_case?case=2533604115162136241; reaffirmed slone-v-calhoun-2012, 386 S.W.3d 745 (Ky. Ct. App. 2012), https://scholar.google.com/scholar_case?case=3139035843090478819.
1. Formation & Mandatory Disclosures
- Statute of frauds: Writing required. No action may be brought “[u]pon any contract for the sale of real estate, or any lease thereof for longer than one year … unless the promise, contract, agreement … or some memorandum or note thereof, be in writing and signed by the party to be charged therewith, or by his authorized agent.” — KRS 371.010(6), https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35220
- Mandatory disclosures: No CFD-specific statutory disclosure schedule.
Kentucky has no installment-land-contract disclosure statute analogous to Texas
Property Code §§ 5.069–5.070 or Minnesota ch. 559A. The general residential
seller’s-disclosure-of-conditions form (KRS 324.360) is triggered only
where a person licensed under KRS ch. 324 (a real-estate licensee) is involved
and receives compensation — “[t]his section shall apply to sales and purchases
involving single-family residential real estate dwellings if any person licensed
under this chapter receives compensation” (subd. (1)). Where a licensee is
involved in a for-sale-by-owner deal, the licensee must deliver the completed
form “not later than one hundred twenty (120) hours after the creation of any
executory contract for sale of the property” (subd. (5)); where there is a
listing agent, the form is delivered within 72 hours of a written offer (subd.
(4)). The disclosed items are basement (and leaks), roof (and leaks), source and
condition of water supply, source and condition of sewage service, working
condition of component systems, and “other matters the commission deems
appropriate” (subd. (3)). The form is not required for a sale by an owner
with no licensee involved, for new homes with a warranty, for auction sales,
or for court-supervised foreclosures (subd. (7)). — KRS 324.360,
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=31615
- Penalty for omission: A licensee’s failure to handle the form as required is a violation of KRS ch. 324 enforceable by the Kentucky Real Estate Commission against the licensee (subd. (9) makes improper completion “a violation of this chapter”); it is a licensee-discipline mechanism, not a buyer’s CFD-rescission remedy. Beyond KRS 324.360, a seller who actively conceals a known material defect faces common-law fraud/misrepresentation exposure. (Exact KREC penalty schedule under KRS ch. 324 not pinpoint-cited; see needs_verification.) — KRS 324.360(9), https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=31615
- Recording requirement: No CFD-specific recording deadline. Recording is permissive but strongly advisable — an unrecorded instrument is ineffective “against purchasers without notice, or creditors” (KRS 382.110(1)). Because a Kentucky land contract is treated as a conveyance/mortgage analogue, county clerks record it like a mortgage: it must be signed and acknowledged (notarized) by both parties, and a deed of conveyance must reference its source of title (KRS 382.110(2),(4)). There is no 30-day-type vendor recording deadline of the Texas/Minnesota variety. — KRS 382.110, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44934; Henderson County (KY) Clerk, Land Contracts & Deeds, https://www.hendersoncountyky.gov/159/Land-Contracts-Deeds
- Annual accounting statement: No statutory annual-accounting mandate for installment land contracts located. (See needs_verification.)
- Prepayment: No CFD-specific statutory prepayment right or penalty bar located; contract terms govern, subject to the usury rules below. (See needs_verification.)
- Usury / interest cap: The legal rate is 8% per annum (KRS 360.010(1)). Parties may agree in writing to a higher rate, but for written obligations with an original principal of 15,000, any rate may be agreed in writing (§ 360.010(1)(b)). A seller-carry CFD priced above $15,000 of principal is therefore effectively outside any hard usury cap by written agreement. — KRS 360.010, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47989
2. Buyer’s Equitable Interest
- Equitable title passes / equitable conversion recognized: Yes. “[L]egal title to the property remains in the seller until the buyer has paid the entire contract price[, but] equitable title passes to the buyer when the contract is entered. The seller holds nothing but the bare legal title, as security for the payment of the purchase price.” — sebastian-v-floyd-1979, 585 S.W.2d 381, 382 (Ky. 1979) (citing Henkenberns v. Hauck, 314 Ky. 631, 236 S.W.2d 703 (1951)), https://scholar.google.com/scholar_case?case=2533604115162136241; see equitable-conversion.
- Buyer’s interest recordable: Yes. The land contract may be acknowledged and recorded in the county clerk’s office (KRS 382.110); recording protects the buyer’s equitable interest against the seller’s later purchasers/creditors. — KRS 382.110, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44934
- Buyer’s interest insurable: Yes; vendee’s-interest/equitable-owner title coverage is available from Kentucky title insurers. (Not statute-based; market practice.)
- Risk of loss: Contract-governed; under equitable conversion the equitable owner (vendee in possession) ordinarily bears the risk of loss absent a contrary clause. — sebastian-v-floyd-1979, 585 S.W.2d at 382; see equitable-conversion.
- Improvements and waste: The vendee in possession holds the equitable fee and may improve the property. Because Kentucky bars forfeiture, the buyer’s investment is protected through the judicial-sale process (the buyer recovers any surplus over the seller’s debt and costs) rather than being lost on a contract cancellation. — sebastian-v-floyd-1979, 585 S.W.2d at 383.
3. Default & Remedies → see forfeiture-vs-foreclosure
- Primary remedy: Judicial foreclosure / judicial sale. “The seller’s remedy for breach of the contract is to obtain a judicial sale of the property.” — sebastian-v-floyd-1979, 585 S.W.2d 381, 383–84 (Ky. 1979), https://scholar.google.com/scholar_case?case=2533604115162136241.
- Forfeiture available? No. “A clause in a land sale contract providing for
forfeiture of the buyer’s payments upon the buyer’s default is not enforceable.”
Forfeiture is barred as a matter of law regardless of contract language and
regardless of how little equity the buyer has accumulated — Kentucky does not
apply a Skendzel-style “substantial equity” threshold because forfeiture is
categorically off the table, not merely barred above an equity line. Sebastian
expressly overruled Miles v. Proffitt, 266 S.W.2d 333 (Ky. 1954), and
Kravitz v. Grimm, 273 Ky. 18, 115 S.W.2d 368 (1938), to the extent they upheld
forfeiture clauses. — sebastian-v-floyd-1979, 585 S.W.2d at 383–84;
reaffirmed slone-v-calhoun-2012, 386 S.W.3d 745 (Ky. Ct. App. 2012)
(“invalid as a matter of law and … otherwise not enforceable”),
https://scholar.google.com/scholar_case?case=3139035843090478819.
- Substantial-equity bar: Not applicable as a threshold — forfeiture is barred outright, which is broader buyer protection than the skendzel-v-marshall-1973 substantial-equity rule (Indiana bars forfeiture only once the buyer has substantial equity; Kentucky bars it from the start).
- Statutory cancellation: None. Kentucky has no statutory cancellation/cure-notice regime for installment land contracts (contrast Minnesota § 559.21, Texas § 5.064). Because the remedy is mortgage-style judicial foreclosure, the buyer’s protection is the equity of redemption in the foreclosure action and the statutory post-sale redemption right (below), not a pre-suit statutory cure period. — sebastian-v-floyd-1979, 585 S.W.2d at 383–84.
- Judicial foreclosure required when: Always, to extinguish a defaulting buyer’s interest. The seller must bring a judicial action and obtain a court-ordered (master-commissioner) sale; the unpaid balance, interest, and expenses are recovered from the proceeds and any surplus belongs to the buyer. — sebastian-v-floyd-1979, 585 S.W.2d at 383; KRS ch. 426; see forfeiture-vs-foreclosure.
- Acceleration enforceable? Conditional — an acceleration clause is a contract term, but it operates within the mortgage-foreclosure framework (the seller forecloses on the accelerated balance via judicial sale rather than declaring a self-executing forfeiture). (No CFD-specific Kentucky acceleration holding pinpoint-cited; see needs_verification.)
- Restitution offset on forfeiture? Not applicable — there is no forfeiture to offset. The buyer’s equity is preserved structurally: the judicial sale pays the seller’s secured debt and costs first, and the buyer takes any surplus, the functional equivalent of restitution of the buyer’s paid-in equity. — sebastian-v-floyd-1979, 585 S.W.2d at 383.
- Buyer grace / post-sale redemption: If the property “does not bring two-thirds (2/3) of its appraised value” at the judicial sale, the defendant (buyer) may redeem within six (6) months from the day of sale by paying the purchase money plus 10% per annum interest and the purchaser’s reasonable post-sale costs (maintenance, utilities, insurance, taxes, code-compliance). — KRS 426.530, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45200
- Seller’s other remedies: action for the price / on the debt; damages; judicial sale (the primary remedy). Self-help forfeiture and a quiet-title “termination” of the contract are not available. — sebastian-v-floyd-1979, 585 S.W.2d at 383–84.
▸ For Sellers / Operators — Kentucky is a treat-as-mortgage state, and this is the single deal-defining fact: a forfeiture/termination clause is unenforceable as a matter of law (Sebastian v. Floyd; reaffirmed Slone v. Calhoun), no matter what the contract says and no matter how little the buyer has paid. If the buyer defaults, your only remedy is a judicial sale (foreclosure) — you recover the unpaid balance, interest, and expenses from the proceeds, and any surplus goes to the buyer, who also holds an equity of redemption and a 6-month post-sale redemption right if the property sells below two-thirds of appraised value (KRS 426.530). Underwrite, price, and reserve for a foreclosure-style exit, not a forfeiture. There is no statutory cure notice to serve and no CFD-specific disclosure statute (KRS 324.360’s disclosure form is triggered only when a licensed agent is involved) — but recording the contract (KRS 382.110) protects your priority, written terms above $15,000 principal escape any usury cap (KRS 360.010), and your federal threshold exposure under Dodd-Frank/SAFE still applies (§ 4) along with any wrap due-on-sale risk (§ 5).
▸ For Buyers — Your decisive protection in Kentucky is that forfeiture is illegal: you cannot lose your equity by self-help cancellation. You hold equitable title (§ 2), and on default you are treated like a mortgagor — your interest can be cut off only by a court-ordered judicial sale, you keep any surplus over the seller’s debt and costs, and you have an equity of redemption before sale plus a 6-month statutory redemption after a below-two-thirds sale (KRS 426.530).
3b. Remedies — Advanced
- Election of remedies: The seller elects among foreclosure (judicial sale), an action on the debt, and damages; the one path foreclosed to the seller is contract forfeiture. — sebastian-v-floyd-1979, 585 S.W.2d at 383–84.
- Deficiency after foreclosure: Because the contract is treated as a mortgage, a deficiency may in principle be pursued where the sale proceeds do not satisfy the secured balance, subject to Kentucky’s mortgage-foreclosure deficiency and appraisal rules (KRS ch. 426). (No CFD-specific deficiency holding pinpoint-cited; see needs_verification.) — KRS ch. 426, https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39296
- Anti-forfeiture / equitable relief from forfeiture: Kentucky reaches the anti-forfeiture result categorically by rule rather than case-by-case equity: the forfeiture clause is void as a matter of law, so a court need not weigh the buyer’s equity to deny forfeiture. — sebastian-v-floyd-1979, 585 S.W.2d at 383–84.
- Ejectment vs. eviction path: A defaulting installment-contract buyer is an owner (equitable mortgagor), not a tenant — the seller cannot evict via a landlord-tenant action and must instead foreclose (judicial sale) to recover possession and clear title; possession transfers through the sale/writ-of- possession process (KRS 426.530(3) contemplates a writ of possession to the sale purchaser). — sebastian-v-floyd-1979, 585 S.W.2d at 382–83; KRS 426.530, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45200
- Quiet title after cancellation: Not the mechanism — title is settled through the judicial-sale judgment and master-commissioner’s deed, not a private cancellation followed by quiet title. — slone-v-calhoun-2012, 386 S.W.3d 745 (Ky. Ct. App. 2012), https://scholar.google.com/scholar_case?case=3139035843090478819.
- Forfeited payments treatment: A forfeiture-of-payments clause is an unenforceable security/penalty device in this context. Sebastian preserved the ordinary earnest-money deposit rule, however — retaining a reasonable short-term deposit as liquidated damages on a garden-variety purchase agreement remains permissible and is outside the holding. — sebastian-v-floyd-1979, 585 S.W.2d at 383 (distinguishing Ward Real Estate v. Childers, 223 Ky. 302, 3 S.W.2d 601 (1928), and Graves v. Winer, 351 S.W.2d 193 (Ky. 1961)).
- Intervening seller-lien risk to buyer: The seller holds record legal title during the contract, so a judgment or lien against the seller can attach to the seller’s interest. The buyer’s chief defense is recording the contract (KRS 382.110), which gives notice and priority against the seller’s later purchasers and creditors. — KRS 382.110, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44934
4. Federal Overlay (as applied in-state) → see dodd-frank-seller-financing, safe-act-mlo
- Dodd-Frank exposure: Federal seller-financing rules apply in Kentucky with no special state carve-out. A natural-person seller financing one dwelling in 12 months may use the ≤1-property exclusion (no balloon limit, no ATR test), and the ≤3-property exclusion (with ATR, no negative amortization) is available to persons/entities, per the “mortgage originator” definition and seller-financer exclusions in Regulation Z (12 C.F.R. § 1026.36(a)(4)–(5)) and the ATR/QM rule (12 C.F.R. § 1026.43). A repeat Kentucky land-contract operator who exceeds these thresholds loses the de-minimis exclusions and is pulled into LO-rule licensing and ATR. — see dodd-frank-seller-financing.
- SAFE Act MLO licensing: Sellers who exceed the federal seller-financer thresholds may trigger loan-originator licensing. Kentucky administers SAFE-Act MLO licensing through the Department of Financial Institutions (DFI) under the Kentucky mortgage-licensing statutes (KRS ch. 286, subtitle 8 — mortgage loan companies and loan brokers / mortgage loan originators). — see safe-act-mlo; KRS ch. 286.8, https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38462. (Exact Kentucky MLO-threshold/exemption cross-reference under KRS 286.8 not pinpoint-cited; see needs_verification.)
- State consumer-protection overlay / CFPB enforcement notes: Kentucky has no CFD-specific consumer-protection statute (no analogue to MN ch. 559A or TX §§ 5.069–5.085). The general Kentucky Consumer Protection Act, KRS ch. 367 (unfair, false, misleading, or deceptive acts), supplies the residual consumer-protection backdrop, alongside the post-2016 national CFPB/state-AG scrutiny of predatory contract-for-deed selling. — KRS 367.170, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43484.
5. Title, Recording & Wraps → see garn-st-germain-due-on-sale
- Memorandum recording: The land contract (or a memorandum) may be recorded once signed and acknowledged by both parties; recording is not mandated by a CFD-specific statute but is effective to give constructive notice and protect priority under KRS 382.110. Kentucky county clerks treat the land contract as a conveyance/mortgage analogue for recording and tax purposes. — KRS 382.110, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44934; Henderson County (KY) Clerk, https://www.hendersoncountyky.gov/159/Land-Contracts-Deeds.
- Garn-St. Germain due-on-sale: A contract for deed is a transfer that can trigger a lender’s due-on-sale clause; the federal Garn-St. Germain Act, 12 U.S.C. § 1701j-3, makes due-on-sale clauses generally enforceable and preempts contrary state law, subject to the enumerated residential exemptions. A Kentucky seller who carries a CFD over an existing mortgage should confirm the applicability of those exemptions. — see garn-st-germain-due-on-sale.
- Underlying-mortgage / wrap: Wraps are not prohibited by Kentucky statute, but the wrapped senior lender may call or foreclose the underlying loan on a due-on-sale trigger even if the buyer pays the seller on time — the buyer’s recorded equitable interest does not defeat the senior mortgage. Disclosure of an underlying mortgage is prudent (and, where a licensee is involved, the component-systems/condition form does not cover encumbrances — those ride on common-law and contract). (No CFD-specific wrap-disclosure statute; see needs_verification.) — see garn-st-germain-due-on-sale.
- Deed delivery: The deed is delivered at payoff — the vendor conveys by deed (and the transfer tax is then collected) only on completion of the contract; escrow of the executed deed is a common contractual mechanism. — Henderson County (KY) Clerk, https://www.hendersoncountyky.gov/159/Land-Contracts-Deeds.
- Marketable title at payoff: The vendor must convey marketable title at payoff; the recorded contract plus the warranty deed clears the chain.
- Title insurance: Available to buyers (vendee’s-interest and, at payoff, owner’s policies) through Kentucky title insurers.
- Seller death / bankruptcy effect: The vendor’s interest (legal title + payment stream, treated as a security lien) passes to the estate or bankruptcy estate subject to the buyer’s recorded equitable interest and right to the deed at payoff.
6. Tax Treatment
- IRC § 453 installment reporting: A Kentucky land contract is an installment sale; a non-dealer seller may report gain under IRC § 453 as principal is collected (dealer-property and other exceptions apply). — 26 U.S.C. § 453, https://www.law.cornell.edu/uscode/text/26/453; see irc-453-installment-sale.
- Property-tax responsibility: Contract-governed; in practice the vendee in possession (equitable owner) pays the ad valorem property taxes. (No CFD-specific property-tax-allocation statute; contract controls.)
- Homestead exemption for equitable owner: Kentucky’s constitutional/statutory homestead and property-tax homestead exemptions turn on ownership and occupancy; the equitable owner in possession is the party with the ownership interest. (Exact Kentucky homestead-exemption application to a CFD vendee not pinpoint-cited; see needs_verification.)
- Transfer / documentary tax: The real-estate transfer tax (KRS 142.050) is 500 of value, imposed on the grantor and collected by the county clerk as a prerequisite to recording the deed. Because the tax attaches to the deed (conveyance), it is collected when the warranty deed is recorded at payoff, not on the land contract itself; county-clerk practice confirms transfer tax “is then collected on the deed … not collected on the contract,” while a legal-process tax is collected on the land contract because it is analogous to a mortgage. — KRS 142.050, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43160; Henderson County (KY) Clerk, https://www.hendersoncountyky.gov/159/Land-Contracts-Deeds.
- Mortgage registration tax: Kentucky imposes no separate state mortgage recording/registration tax of the Minnesota type; recording charges are the county clerk’s statutory fees plus the legal-process tax on mortgage-analogue instruments. (No state MRT located; see needs_verification.)
7. Bankruptcy & Death / Divorce
- Buyer bankruptcy: Whether a CFD is treated as an executory contract (11 U.S.C. § 365) or as a secured debt is subject to a national split. Kentucky’s Sebastian rule — equitable title in the buyer, seller’s interest a mere security lien — strongly supports secured-debt treatment (the buyer/debtor is an equitable mortgagor, the seller a secured creditor), but the federal characterization is court-specific. — sebastian-v-floyd-1979, 585 S.W.2d at 382; see needs_verification.
- Seller bankruptcy: The vendor’s interest (legal title held as security plus the payment stream) enters the estate subject to the buyer’s recorded equitable interest and right to the deed at payoff.
- Assignability by buyer: Generally assignable subject to contract terms; enforceability of an anti-assignment clause is contract-specific. (No CFD-specific Kentucky assignability holding pinpoint-cited; see needs_verification.)
- Survivorship / divorce treatment: The buyer’s equitable interest is transferable on death/divorce per general property law (the interest passes to the estate/heirs or is divided in a divorce decree); no CFD-specific cancellation-trigger statute exists because Kentucky has no statutory cancellation regime.
8. Case Law (real, verified)
| Case | Year | Topic | Holding (plain English) | Source |
|---|---|---|---|---|
| sebastian-v-floyd-1979 | 1979 | forfeiture / remedies | A forfeiture clause in an installment land contract is unenforceable; the seller’s interest is a security lien like a purchase-money mortgage, equitable title is in the buyer, and the seller’s only remedy on default is a judicial sale. Overrules prior forfeiture-upholding cases. | https://scholar.google.com/scholar_case?case=2533604115162136241 |
| slone-v-calhoun-2012 | 2012 | forfeiture / remedies | Reaffirms Sebastian: installment land contracts are “controlled exclusively by Sebastian v. Floyd,” forfeiture provisions are “invalid as a matter of law,” and “the only judicial remedy … is a judicial sale of the property.” | https://scholar.google.com/scholar_case?case=3139035843090478819 |
9. Edge Cases (state-specific notes)
- garn-st-germain-due-on-sale — A wrapped senior lender may enforce a due-on-sale clause on a Kentucky CFD transfer (12 U.S.C. § 1701j-3); the buyer’s recorded equitable interest does not defeat the senior mortgage.
- No statutory cancellation — Unlike Minnesota/Texas, Kentucky offers no pre-suit statutory cure-notice; the seller must judicially foreclose, and the buyer’s protection is the equity of redemption plus the KRS 426.530 6-month post-sale redemption (below two-thirds-of-appraisal sales).
- Earnest-money carve-out — Sebastian leaves intact the ordinary earnest-money deposit/liquidated-damages rule for short-term purchase agreements; the anti-forfeiture rule reaches installment/financing contracts, not garden-variety deposits.
- Licensee-triggered disclosure — The KRS 324.360 seller’s-disclosure form is a licensee duty (triggered only when a compensated real-estate licensee is involved), not a CFD-specific disclosure statute; a true for-sale-by-owner CFD with no agent falls outside it.
- (Add: manufactured/mobile homes treated as personalty vs. realty; SCRA servicemember protections; master-commissioner sale mechanics and appraisal/two-thirds rule.)
10. Operations
- Where records live: The county clerk’s office of the county where the land sits records land contracts, mortgages, and deeds (KRS 382.110(1)).
- Recorder portals: County-by-county (e.g. Jefferson County Clerk, Fayette County Clerk, Henderson County Clerk land-records pages). — Henderson County (KY) Clerk, https://www.hendersoncountyky.gov/159/Land-Contracts-Deeds.
- Who may draft (UPL notes): Drafting installment land contracts or conducting foreclosures/judicial sales for others raises UPL exposure; because the only default remedy is a judicial sale, enforcement is necessarily run through litigation counsel (a master-commissioner sale is a court process). Standardized forms exist but the foreclosure-style exit makes attorney involvement the norm.
- Typical costs: County recording fees + legal-process tax on the land contract (mortgage analogue) at recording; transfer tax (500, KRS 142.050) on the deed at payoff; litigation/master-commissioner sale costs on default.
- Typical timelines: No statutory cure period; default resolution runs on the judicial-foreclosure timeline (suit → judgment → appraisal → master- commissioner sale → confirmation), plus a 6-month post-sale redemption window if the sale brings under two-thirds of appraised value (KRS 426.530).
- Key agencies: County clerks (recording); Kentucky Department of Revenue (transfer tax, KRS 142.050); Kentucky Real Estate Commission (KRS ch. 324 licensee disclosure); Kentucky Department of Financial Institutions (SAFE/MLO licensing, KRS ch. 286.8); Office of the Attorney General (KRS ch. 367 consumer protection).
- Useful forms: KREC Form 402, Seller’s Disclosure of Property Condition (used where a licensee is involved); county-clerk land-contract/deed recording requirements.
11. Meta
- sources:
- {type: case, url: https://scholar.google.com/scholar_case?case=2533604115162136241, retrieved: 2026-06-08}
- {type: case, url: https://scholar.google.com/scholar_case?case=3139035843090478819, retrieved: 2026-06-08}
- {type: statute, url: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35220, retrieved: 2026-06-08}
- {type: statute, url: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47989, retrieved: 2026-06-08}
- {type: statute, url: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=31615, retrieved: 2026-06-08}
- {type: statute, url: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44934, retrieved: 2026-06-08}
- {type: statute, url: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43160, retrieved: 2026-06-08}
- {type: statute, url: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45200, retrieved: 2026-06-08}
- {type: agency, url: https://www.hendersoncountyky.gov/159/Land-Contracts-Deeds, retrieved: 2026-06-08}
- needs_verification:
- Exact KREC penalty schedule (KRS ch. 324) for a licensee’s KRS 324.360 disclosure-form violation.
- Whether any CFD-specific statutory annual-accounting or prepayment-penalty rule exists (none located; appears absent).
- Whether a deficiency judgment is available after a CFD judicial sale (treated as a mortgage, but no CFD-specific Kentucky holding pinpoint-cited).
- CFD-specific Kentucky acceleration-clause holding (none pinpoint-located).
- Kentucky homestead/property-tax-exemption application to a CFD vendee (equitable owner) — no pinpoint cite retrieved.
- Confirmation there is no separate Kentucky state mortgage registration/recording tax (a legal-process tax applies; no MRT located).
- Exact KRS 286.8 MLO-threshold/seller-financer exemption cross-reference for Kentucky SAFE-Act licensing.
- Federal characterization of a Kentucky CFD in buyer bankruptcy (executory contract § 365 vs. secured debt) — no controlling Kentucky-specific bankruptcy holding retrieved.
- open_questions:
- Mechanics and timeline of a master-commissioner sale specifically applied to a defaulted installment land contract (vs. a conventional mortgage foreclosure).
- Whether Kentucky courts will extend the Sebastian mortgage treatment to short-term/quasi-installment hybrids near the earnest-money line.
- changelog:
- 2026-06-08 — Initial authored page. Remedy regime classified
treat_as_mortgagefrom Sebastian v. Floyd (585 S.W.2d 381), reaffirmed by Slone v. Calhoun (386 S.W.3d 745). Primary sourcing from KY Legislature (KRS 371.010, 360.010, 324.360, 382.110, 142.050, 426.530) and Henderson County clerk recording/tax guidance. Created companion case page slone-v-calhoun-2012.
- 2026-06-08 — Initial authored page. Remedy regime classified
- cross_links: forfeiture-vs-foreclosure, equitable-conversion, sebastian-v-floyd-1979, slone-v-calhoun-2012, skendzel-v-marshall-1973, dodd-frank-seller-financing, safe-act-mlo, garn-st-germain-due-on-sale, irc-453-installment-sale
Disclaimer. This page is legal information, not legal advice, and may be out of date. Contract-for-deed statutes are frequently amended and remedies turn on facts. Kentucky bars forfeiture of installment land contracts (Sebastian v. Floyd) and requires a judicial sale; remedies and procedure turn on the specific facts. Consult a licensed Kentucky attorney before drafting, enforcing, or signing an installment land contract.