Summary
The application of new procedural rules during an ongoing case can vary depending on the jurisdiction and the nature of the rule change. In Kentucky, a new procedural rule generally applies to ongoing cases unless it would not be feasible or just. Contracts cannot override state law, especially if the terms are illegal or unconscionable. In terms of foreclosure, lenders must send a notice of intent to accelerate before starting the process. The law doesnt specify the method of delivery for this notice, but it must be delivered. If the lender cant prove they sent the notice, it may affect the foreclosure process.Full Conversation
When a rule of procedure is changed during a case, does the old rule apply to the case?
The application of new procedural rules during an ongoing case can vary. It often depends on the jurisdiction and the nature of the rule change. Can you specify your location?
Kentucky
In Kentucky, generally, a new procedural rule applies to ongoing cases unless it would not be feasible or just. Can you specify the court handling your case?
Kentucky Court of Appeals
The Kentucky Court of Appeals is located at * Democrat Dr, Frankfort, KY *. You can contact them at (*) *-*.
Gotcha... Thank you...
You're welcome, ****! If you have any more questions or need further clarification, feel free to ask.
Will do...
Great, ****! Don't hesitate to reach out if you need more help.
Does the terms of a contract take precedence over Kentucky State law?
What specific terms in the contract are you referring to? In general, contracts cannot override state law, especially if the terms are illegal or unconscionable.
Notice of Intent to Accelerate under a mortgage?
What is the specific clause in your mortgage contract regarding the Notice of Intent to Accelerate?
- In Kentucky, lenders must send a notice of intent to accelerate before starting foreclosure.
- Jefferson County Court: (*) *-*, * W Jefferson St, Louisville, KY *.
sent via USPS certified mail?
Is the clause stating that the Notice of Intent to Accelerate must be sent via USPS certified mail?
- Kentucky law doesn't specify the method of delivery for this notice.
Either USPS first-class mail or when actually delivered when sent by other means.
What is the issue you're facing with the Notice of Intent to Accelerate?
No return receipt for USPS certified mail.
Did you receive the Notice of Intent to Accelerate at all, even without the return receipt?
No
What date was the Notice of Intent to Accelerate supposedly sent to you?
August *, *
What actions have you taken since you did not receive the Notice of Intent to Accelerate?
Irrelevant
What is the current status of your mortgage?
foreclosure
What is the foreclosure date? In Kentucky, you have the right to reinstate your loan within 35 days after the Notice of Intent to Accelerate.
My question is, if the lender fails to produce the certified mail return receipt to evidence delivery of the Notice of Intent to Accelerate, were all prerequisites to foreclosure satisfied under Kentucky Law?
Did you request the return receipt from the lender or the USPS?
In Kentucky, the law doesn't specify the method of delivery for the Notice of Intent to Accelerate, but it must be delivered.
Yes
What was the response from the lender or USPS when you requested the return receipt?
"Not available at this time"
What steps have you taken since you received this response from the lender or USPS?
In Kentucky, the lender must prove they sent the Notice of Intent to Accelerate. If they can't, it may affect the foreclosure process.
That answered my question. Thank you...
You're welcome, ****! If you have any more questions in the future, don't hesitate to reach out. Best of luck with your situation.
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