Consumer and Housing Updates

This is a joint meeting of the consumer and housing task forces. To view the PDF files liste below, go to the consumer task force page on this website

Friday, May 10
Lexington, KY

11:30 Introductions, Welcome and Lunch

11:35 Eviction Trial Practice

Speakers: Stefanie Ebbens Kingsley and Richard Kenniston, Attorneys, AppalRed Legal Aid; Cara Stewart, Legal Aid of the Bluegrass;
Josh Newton, Ben Carter Law

Attorneys who have recently litigated eviction cases will discuss their experiences and tips, such as when to request a jury trial, issues in public and subsidized housing evictions when to file bankruptcy to avoid eviction, how to assert waiver defenses, jury instructions and more.

12:30 National Mortgage Settlement

Speaker: Brenda Weaver, Kentucky Housing Corporation

KHC will discuss how they are using the monies from the recent national mortgage settlement. Some of the money has been distributed to NeighborWorks Alliance groups and are to be available in every county. KHC will provide a list of NeighborWorks agencies and answer any questions we may have.

1:00 Jury Instructions in Consumer Cases

Speaker: Addison Parker, Contract Attorney, AppalRed Legal Aid

Addison will share jury instructions that he and other attorneys have designed for consumer cases, including mobile home revocation of acceptance, UDAP and Magnuson Moss.
1:20 Break

1:30 Legislative Update: Change in Tax Lien Foreclosure Law

Speaker: Anne Marie Regan, Attorney, KY Equal Justice Center

The legislature recently passed a bill that states that $2000 is a reasonable attorney fee, as long as the tax lien purchaser proves hours worked and rates. Further attorney’s fees will be permitted if the case warrants it. We will discuss concerns about this change and how it may affect your cases.

Changes to Allowed Attorney's Fees in Tax Lien Foreclosures.pdf

HB 296 talking points - final 3.pdf

1:45 Southern Tax Services v. Tax Ease Lien Investments, 2013 WL 1688311

Speaker: John Young, Attorney, Legal Aid Society of Louisville

The KY Court of Appeals recently issued an unpublished decision interpreting KRS 134.490, which requires notice by a tax lien purchaser to the property owner, interpreting the notice requirement in favor of the tax lien purchaser. John will discuss why the Courts should strictly construe KRS 134, which allows a third-party purchaser to stand in the shoes of the government as taxing entity.

Southern Tax Services LLC v Tax Ease Lien Investments 1 LLC.pdf

CTF. Interpretation of Tax Statutes.pdf

2:00 Understanding the Changes by the Revenue Cabinet to the Collection of UK Hospital Debts

Speaker: Anne Marie Regan, Attorney, KY Equal Justice Center

The legislature passed a bill expanding the ability of state agencies to collect their debts non-judicially through the Department of Revenue. During discussions with Cabinet officials, we learned that the Department of Revenue has required UK Hospital to create a hearing process when bills are challenged. Will this procedure be effective? If not, what are the next steps?

UK Hospital Hearing Procedure.pdf

2:15 Case Discussions

3:00 Adjourn