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E.D. Ky. LR 65.1.1

Bond and Surety Requirements

activein force · 2026-09-19 – presentact-effective-date

(a) General Requirements. In all civil and bankruptcy actions, the Clerk may

-- unless the Court orders otherwise -- accept only the following as surety

on a bond:

(1) a surety company approved by the United States Department of

Treasury;

(2) cash in an amount set by the Court; or

(3) a personal surety secured by real estate that complies with

subsections (d), (e), (f), and (g) below.

(b) Powers of Attorney. A Treasury Department approved surety company

may designate an agent in Kentucky to execute bonds. If so, the power of

attorney designating the agent may be filed with the Clerk in the jury

division in which the action is pending. In lieu of filing the power of

attorney with the Clerk, a copy of the power of attorney must be appended

to each bond executed.

(c) Unacceptable Personal Sureties. The Clerk must not accept the following

as a personal surety on any bond:

(1) an attorney;

(2) a Court officer or employee; or

(3) the United States Marshal or any deputy marshal.

(d) Personal Surety Secured by Real Estate; Generally. The Clerk must

accept a personal surety secured by real estate under the following

conditions:

(1) The real estate is located in Kentucky;

(2) The real estate has an unencumbered value of at least 110% of the

bond amount;

(3) The real estate is not owned by a corporation or partnership; and

(4) If the property is held jointly, all joint tenants have executed the

bond.

(e) Procedure for Posting Real Estate Bond. To post a real estate bond, the

sureties must execute an affidavit providing the following information:

(1) the owners' names and addresses;

(2) an affiant's statement as to the assessed value from the Property

Valuation Administrator's Office or, if that is not available, an

appraisal by a licensed appraiser; and

(3) a listing of all liens and mortgages on the property, including all but

the current year's real estate taxes.

(f) Affidavit on Appearance Bonds. On appearance bonds, the affidavit

required in (e) must be incorporated by reference in the Justification of

Sureties portion of the Appearance Bond Form.

(g) Bond Execution and Deed Deposit. All parties to the deed and the bond

must execute the bond and take the oath. The deed, or certified copy of the

deed, must be deposited with the Clerk. Upon receipt of the deed, or

certified copy of the deed, the Clerk must provide a receipt to the owner. If

the bond is not forfeited, the deed must be returned to the property owner in

person, or by certified mail, at the conclusion of the case.

(h) Lis Pendens Notice and Fees. The Clerk must file a lis pendens notice

against the property in the County Clerk's Office in the county where the

property is located. The required fee for filing the notice of lis pendens is

required upon execution of the bond.

Provenance

Source
www.kyed.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
ee17df0749337f50068c2124860c8043a0b046f274c20bfd73ace0d692f40481
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E.D. Ky. LR 65.1.1 — Bond and Surety Requirements · binding.law