Request By:
Hon. James E. Hibbard
Old Pennington Hospital Building
403 North Main Street
London, Kentucky 40741
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Thomas J. Hellman, Assistant Attorney General
This letter is in response to your correspondence dated March 5, 1991, in which you requested an opinion from the Attorney General on the following question:
In a suit to enforce a mortgage lien or judgment lien, all parties who may be claiming an interest in the subject property must be joined in order to fully adjudicate the matter. When there is a bail bond of record against the subject property, who is the proper party to be included in the action [to represent the Commonwealth as bondholder]?
A bail bond is forfeited by order of the trial court, KRS 431.545, and upon forfeiture, the bond inures to and vests in the Commonwealth. KRS 431.100. Consequently, in a suit to enforce a mortgage or judgment lien against real property which also secures a bail bond, the Commonwealth of Kentucky, Administrative Office of the Courts, should be named as a party to the suit to represent the Commonwealth's interest. In addition to service on the Administrative Office of the Courts, the plaintiff should serve a copy of the complaint on the county attorney for the county in which the action is filed since the county attorney usually represents the Commonwealth in such an action.