Facing Tax Foreclosure in Hardin County, Kentucky? Know Your Rights
If you are a homeowner in Hardin County, Kentucky, dealing with delinquent property taxes or facing foreclosure, you are not alone and you have more rights than you may realize. This guide explains how the process works in your county, what protections exist, and steps you can take right now.
How Tax Sales Work in Hardin County
Kentucky uses a certificate of delinquency system. The County Clerk in Elizabethtown sells certificates of delinquency to third-party purchasers. Because this system sells certificates rather than auctioning property, tax sales typically do not generate surplus. However, mortgage foreclosure sales can produce surplus if the property sells for more than the total debt.
Surplus Funds and Tyler v. Hennepin County
In 2023, the U.S. Supreme Court ruled unanimously in Tyler v. Hennepin County that governments cannot keep surplus proceeds from tax sales beyond what is owed, as this violates the Fifth Amendment. While Kentucky's certificate system differs from traditional auctions, this ruling strengthened property rights nationwide.
Key Deadlines
Mortgage foreclosure surplus paid into court is presumed abandoned after five years under KRS 393.100. After a final judgment awards funds to the municipality, the bar is permanent.
Kentucky's certificate of delinquency system does not typically generate tax sale surplus. However, mortgage foreclosure sales can produce surplus funds.
Steps to Take Now
- Contact the County Clerk to determine if your property was sold through a tax certificate or mortgage foreclosure.
- For mortgage foreclosure, contact the Sheriff or Clerk of Court about surplus funds.
- Gather proof of ownership, government-issued ID, mortgage records, and sale correspondence.
- File your claim before the five-year abandonment deadline under KRS 393.100.
Free Help from AuctionBlock.org
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AuctionBlock.org is a mission-driven company. This article is for educational purposes only and is not legal advice. Verify current statutes and consult a licensed Kentucky attorney before acting. Updated April 2026.