KRS § 341.815 — KY Code / Title XXVII / Chapter 341 / Section 341.815
341.815 Right of redemption
Status: in_force

341.815 Right of redemption.

(1) 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.

(2) 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.

(3) 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.

(4) 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 canceled or not.

(5) 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.

(6) 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.