CONVEYANCES AND ENCUMBRANCES

KRS tit. XXXII, ch. 382

in effect

KRS 382.010 Estate -- Owner may convey -- When deed or will necessary

382.010. Estate -- Owner may convey -- When deed or will necessary The owner may convey any interest in real property not in the adverse possession of another; but no estate of inheritance or freehold, or for a term of more than one (1) year, in real property shall be conveyed, except by deed or will. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 490.

KRS 382.020 Deeds of release

382.020. Deeds of release Every deed of release shall be executed as deeds are executed and shall be as effectual for the purposes therein expressed, without the execution of a lease, as if a lease had been executed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 492, 498.

KRS 382.030 General warranty -- Words that constitute

382.030. General warranty -- Words that constitute A covenant by a grantor in a deed, "that he will warrant the property hereby conveyed," or words of like import, or the words "with warranty," or "with general warranty," in any deed, have the same effect as if the grantor had covenanted that he, his heirs and personal representatives, would forever warrant and defend the property unto the grantee, his heirs, personal representatives and assigns, against the claims and demands of all persons whatever. October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 493.

KRS 382.040 Special warranty -- Words that constitute

382.040. Special warranty -- Words that constitute A covenant by a grantor, "that he will warrant specially the property thereby conveyed," or words of like import, or the words "with special warranty," in any deed, have the same effect as if the grantor had covenanted that he, his heirs and personal representatives, would forever warrant and defend the property unto the grantee, his heirs, personal representatives and assigns, against the claims and demands of the grantor and all persons claiming by, through, or under him. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 493.

KRS 382.050 Repealed, 1942

382.050. Repealed, 1942 Catchline at repeal: Married women; conveyance of real property. History: Repealed 1942 Ky. Acts ch. 152, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 506.

KRS 382.060 Conveyance to dead person vests title in his heirs

382.060. Conveyance to dead person vests title in his heirs When a patent is issued or a deed is made to a person who is dead at the issuing of the patent or the making of the deed, the heirs of such patentee or vendee shall take, hold and enjoy the title to the estate so patented or conveyed as if such patent had issued or deed had been made to such heirs by name. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2063.

KRS 382.070 No lien unless unpaid consideration stated

382.070. No lien unless unpaid consideration stated When any real property is conveyed, and any part of the consideration remains unpaid, the grantor shall not have a lien for the unpaid consideration against bona fide creditors and purchasers unless the deed states what part of the consideration remains unpaid. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2358.

KRS 382.075 Uniform Real Property Electronic Recording Act -- Recording of electronic document -- Electronic signature -- Powers and duties of county clerk

382.075. Uniform Real Property Electronic Recording Act -- Recording of electronic document -- Electronic signature -- Powers and duties of county clerk (1) If a law requires, as a condition for recording by the county clerk upon the records relating to real property, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement shall be satisfied by an electronic document that complies with the requirements of KRS 423.300 to 423.455 or this section. (2) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature. (3) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. (4) As used in this section, "paper document" means a document that is received by the clerk in a form that is not electronic. A clerk: (a) May receive, index, store, archive, and transmit electronic documents; (b) May provide for access to, and search and retrieval of, documents and information by electronic means; (c) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index; (d) May convert paper documents accepted for recording into electronic form; (e) May convert into electronic form information recorded before the clerk began to record electronic documents; (f) May accept electronically any fee, levy, or tax that the clerk is authorized to collect; and (g) May agree with other officials of a state or a political subdivision of that state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees, levies, and taxes that the clerk is authorized to accept. (5) This section shall be known and may be cited as the "Uniform Real Property Electronic Recording Act." In applying and construing this section, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Effective: January 1, 2020 History: Created 2019 Ky. Acts ch. 86, sec. 33, effective January 1, 2020.

KRS 382.076 Paper copy of electronic record relating to real property -- Certificate -- Notice -- Exception for plats, maps, and surveys

382.076. Paper copy of electronic record relating to real property -- Certificate -- Notice -- Exception for plats, maps, and surveys (1) If a law requires that an instrument relating to real property within the Commonwealth, to be admitted to the public record and recorded, be an original, be on paper or another tangible medium, be in writing, or be signed, the requirement shall be satisfied by a paper copy of an electronic record, including an electronic record bearing an electronic signature, that a notary public has certified, pursuant to subsection (3) of this section, to be a true and correct copy of the record that was originally in electronic form and bearing an electronic signature. (2) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied by a paper copy of an electronic document bearing an electronic signature of the person authorized to perform that act, and all other information required to be included, that a notary public has certified, pursuant to subsection (3) of this section, to be a true and correct copy of a document that was originally in electronic form and bearing an electronic signature of the person. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. (3) A county clerk shall record a paper copy of a document that was originally in electronic form and that is otherwise entitled to be recorded under the laws of this state, if the paper copy has been certified to be a true and correct copy of the electronic record by a notary public as evidenced by a certificate attached to or made a part of the record. The certificate: (a) Shall: 1. Be signed and dated by the notary public; 2. Identify the jurisdiction in which the certification is performed; 3. Contain the title of the notary public; and 4. Indicate the number and date of expiration, if any, of the notary public's commission; and (b) May include an official stamp of the notary public affixed to or embossed on the certificate. (4) The following form of certificate is sufficient for the purposes of this section, if completed with the information required by subsection (3) of this section: State of___________________ [County] of________________ I certify that the foregoing and annexed document entitled______________ [document title], dated__________________[document date, if applicable], and containing__________pages is a true and correct copy of an electronic document bearing one (1) or more electronic signatures. Executed this___________________[date]. ___________________________________ [Signature of notary public] Stamp [_________________________________] Notary Public [My commission expires:_____________________] [My notary registration number is:_____________] (5) A notary public duly commissioned under the laws of this Commonwealth or of another state within the United States has the authority to make the certification provided in this section. (6) A notary public making the certification provided in this section shall: (a) Personally print or supervise the printing of the electronic document onto paper; (b) Not make any changes or modifications to the electronic document other than the certification described in subsection (3) of this section; and (c) Confirm that the electronic document has been rendered tamper-evident. (7) If a certificate is completed with the information required by subsection (3) of this section and is attached to or made a part of a paper record, the certificate shall be considered conclusive evidence that the requirements of this section have been satisfied with respect to the record. (8) A record purporting to convey or encumber real property or any interest therein that has been recorded by a clerk for the jurisdiction in which the real property is located, although the record may not have been certified in accordance with the provisions of this section, shall import the same notice to third persons from the time of recording as if the record had been certified in accordance with the provisions of this section. (9) This section shall not apply to a plat, map, or survey of real property if under another law of this state, or under a rule, regulation, or ordinance applicable to a clerk: (a) There are requirements of format or medium for the execution, creation, or recording of the plat, map, or survey beyond the requirements applicable to a deed to real property; or (b) The plat, map, or survey must be recorded in a different location than a deed to real property. Effective: January 1, 2020 History: Created 2019 Ky. Acts ch. 86, sec. 34, effective January 1, 2020.

KRS 382.077 Immediate recording -- Priority of documents

382.077. Immediate recording -- Priority of documents Documents physically presented to a county clerk for recording during regular business hours shall be considered for immediate recording if requested by the party presenting the documents, except that the county clerk may refuse unreasonable requests. Documents delivered by all other methods shall be processed as they are received, with priority assigned by the date the documents are received. All documents received on a given date shall have equal priority, and the county clerk shall have discretion to decide in what order documents are processed. A county clerk shall be held harmless for any disputes that arise regarding the timing of a recorded document. Effective: January 1, 2020 History: Created 2019 Ky. Acts ch. 86, sec. 40, effective January 1, 2020.

KRS 382.080 Recording of conveyance for longer than five years and of marriage agreement

382.080. Recording of conveyance for longer than five years and of marriage agreement (1) No deed conveying any title to or interest in real property, or lease of oil, gas, coal or mineral right and privilege, for a longer time than five (5) years, nor any agreement in consideration of marriage, shall be good against a purchaser for a valuable consideration without notice thereof, or any creditor, unless the deed is acknowledged by the party who executes it, or is proved and lodged for record in the proper office, as prescribed by law. (2) The provisions of this section shall apply with like protection to the creditor of, or innocent purchaser from, the heir or devisee of the grantor. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 494.

KRS 382.090 Recording of options or offers to sell

382.090. Recording of options or offers to sell Any option or offer to sell real or other property, or any interest therein, when acknowledged or proven as deeds are required to be, may be recorded in the county in which the property is situated, in the same offices in which deeds are recorded, and in a separate book kept for that purpose, and the record of all such recorded options or offers to sell, shall, from the time of lodging them for record, be notice of such contracts to all persons. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 494a.

KRS 382.100 Contracts for sale of real property may be recorded

382.100. Contracts for sale of real property may be recorded Any contract for the sale of real property or any interest therein, when acknowledged or proven as deeds are required to be, may be recorded in the county in which the property is situated, in the same offices and books in which deeds are recorded, and the record of any such contract recorded shall, from the time of lodging the contract for record, be notice of the contract to all persons. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 500.

KRS 382.110 Recording of deeds and mortgages -- Place of recording -- Use of certified copies of original records -- Contents of deed -- Filing of deed in lieu of foreclosure -- Time for filing deed -- Petition by municipal government to compel filing of a deed

382.110. Recording of deeds and mortgages -- Place of recording -- Use of certified copies of original records -- Contents of deed -- Filing of deed in lieu of foreclosure -- Time for filing deed -- Petition by municipal government to compel filing of a deed (1) All deeds, mortgages, and other instruments required by law to be recorded to be effectual against purchasers without notice, or creditors, shall be recorded in the county clerk's office of the county in which the property conveyed, or the g reater part of the property conveyed, is located. (2) A county clerk or deputy county clerk shall not admit to record any deed of conveyance of any interest in real property equal to or greater than a life estate unless the deed plainly specifies and refer s to the immediate source from which the grantor derived title to the property or the interest conveyed in the deed. (3) (a) An authentic photocopy of any original record may be certified as a true, complete, unaltered copy of the original record on file b y the official public custodian of the record. (b) A certified copy of a document may be submitted for filing in any other filing officer's jurisdiction as though it were the original record. However, a county clerk or deputy county clerk shall not accept for filing any original document or certified copy of any document unless the original document and its certified copy conform to all statutory requirements for filing the document under KRS Chapter 382. (c) This subsection shall apply only to a record gen erated and filed in Kentucky, and only if the certified copy of the record is to be utilized in Kentucky. If the record is a foreign record or a Kentucky record to be filed or utilized in a foreign jurisdiction, then this subsection shall not apply and app licable federal, Kentucky, or foreign law shall apply. (4) If the source of title is a deed or other recorded writing, the deed offered for record shall refer to the former deed or writing, and give the office, book, and page where recorded, and the date of recording. If the property or interest in the property is obtained by inheritance or in any other way than by recorded instrument of writing, the deed offered for record shall state clearly and accurately how and from whom the title to the property or interest was obtained by the grantor. (5) If the title to the property or interest conveyed is obtained from two (2) or more sources, the deed offered for record shall plainly specify and refer to each of the sources in the manner provided in subsections (2) and (4) of this section, and shall show which part of the property, or interest in the property, was obtained from each of the sources. (6) A grantor shall not lodge for record, and a county clerk or deputy shall not receive and permit to be lodged for record, any deed that does not comply with this section. (7) A clerk or deputy clerk shall not be liable for the fine imposed by KRS 382.990(1) because of any erroneous or false references in any deed, nor because of the omission of a reference required by law where it does not appear on the face of the deed that the title to the property or interest conveyed was obtained from more than one (1) source. (8) This section does not apply to deeds made by any court commissioner, sheriff, or by any court officer in pursuance of his or her duty as a court officer, nor to any deed or instrument made and acknowledged before March 20, 1928. A deed shall not be invalid because it is lodged contrary to this section. (9) A mortgage holder shall file a deed in lieu of foreclosure in the county clerk's office of the county in which the property conveyed, or the greater part of the property conveyed, is located, no later than forty-five (45) days after the date the deed in lieu of foreclosure is executed. (10) (a) A deed filed pursuant to KRS 426.577 shall be filed by the grantee within five (5) business days of receipt of the deed from the commissioner appointed by a court to convey the property. (b) If the property is located within the boundaries of a municipal government and the grantee has not filed the deed from the commissioner within thirty (30) business days of its receipt, the municipal government may file a petition in the Circuit Court of the county where the property is located requesting the court to enter an order: 1. Compelling the filing of the deed by the grantee; and 2. Awarding court costs and attorney's fees incurred in bringing the petition. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 113, sec. 2, effective July 15, 2026. -- Amended 2016 Ky. Acts ch. 11, sec. 2, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 44, sec. 1, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 69, sec. 2, effective June 20, 2005. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 495.

KRS 382.115 Owner of land comprising subdivision -- Recording of plat prior to sale or transfer of any lot or parcel -- Requirements -- Penalties

382.115. Owner of land comprising subdivision -- Recording of plat prior to sale or transfer of any lot or parcel -- Requirements -- Penalties (1) As used in this section, "plat" and "subdivision" have the same meaning as in KRS 100.111. (2) This section shall apply to sales and transfers of land in a county which has not adopted regulations under KRS Chapter 100 relating to the subdivision of land within its boundaries. (3) (a) A person owning land comprising a subdivision, or his or her agent, shall not sell or transfer any lot or parcel of land located within the subdivision by reference to, by exhibition of, or by any other use of a plat of the subdivision, before the plat has been recorded at the expense of the subdivider in the office of the county clerk. Any such instrument of sale or transfer shall be void and shall not be recorded unless the subdivision plat is subsequently recorded, but all rights of a purchaser to damages are hereby preserved. (b) The description of a lot or parcel of land subject to paragraph (a) of this subsection by metes and bounds in any instrument of sale or transfer or other document used in the process of selling or transferring the land shall not exempt the person attempting to sell or transfer from recording a plat o f the subdivision, or from penalties under this section, or deprive the purchaser of any rights or remedies he or she may otherwise have. Provided, however, a person, or his or her agent, may agree to sell any lot or parcel of land located within a subdivision by reference to an unrecorded plat or by reference to a metes and bounds description of the lot or parcel, and any such executory contract of sale or option to purchase that does so may be recorded and shall be valid and enforceable so long as the sub division plat is subsequently recorded. (c) The plat shall be in the form of a rectangle, and the county clerk shall not be required to record a plat exceeding twenty -four (24) inches on one (1) side and thirty-six (36) inches on the other. Each county clerk shall provide a plat cabinet with an appropriate index for those plats which are too large to be placed in a plat book. (4) A person, owner, or agent who violates this section shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each lot or parcel which was the subject of sale or transfer, or a contract for sale or transfer. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 205, sec. 1, effective July 15, 2024.

KRS 382.120 Real property acquired by descent -- Requirements for conveyance of -- Indexing -- Clerk's fees

382.120. Real property acquired by descent -- Requirements for conveyance of -- Indexing -- Clerk's fees (1) Before any deed to real property, the title to which has passed to the grantor under the laws of descent, is filed for record the grantor or grantee, or the agent or attorney or either, shall present to the county clerk the affidavit of the grantor or any one (1) of the heirs at law or next of kin of the ancestor of the grantor, or of two (2) residents of this state, each of whom has personal knowledge of the facts, which affidavit shall set forth: (a) The name of the ancestor; (b) The date of the ancestor's death; (c) Whether the ancestor was married or single, and if married, the name of the surviving spouse and his or her address; (d) The place of residence at the time of the ancestor's death, if known to the affiant or affiants; (e) The fact that the ancestor died intestate; and (f) The names, ages and addresses, so far as known or ascertainable, of each of such ancestor's heir at law and next of kin, who by his death inherited such real property, and the relationship of each to the ancestor and the interest in such real property inherited by each. (2) The affidavit shall be filed with the clerk of the county in which the real property is situated, at or before the time when the deed or conveyance is filed with the clerk for record, and shall be recorded in the record of deeds, and indexed in the general index of deeds in the name of such ancestor as grantor, and in the name of each of such heirs at law or next of kin as grantees, in the same manner as if such names occurred in a deed of conveyance from the ancestor to the heirs at law. For indexing and recording the affidavit, the clerk shall receive the same fees as are allowed for recording and indexing deeds. (3) No county clerk or deputy clerk shall receive or permit to be lodged for record any such deed until the affidavit has been presented to him, but nothing in this section shall prevent the recording from being legal of any such deed lodged for record prior to the filing of the affidavit. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 259, sec. 2, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 495a-1, 495a-2.

KRS 382.130 When deeds executed in this state to be admitted to record

382.130. When deeds executed in this state to be admitted to record Deeds executed in this state may be admitted to record: (1) On the acknowledgment, before the proper clerk, by the party making the deed; (2) By the proof of two (2) subscribing witnesses, or by the proof of one (1) subscribing witness, who also proves the attestation of the other; (3) By the proof of two (2) witnesses that the subscribing witnesses are both dead; and also like proof of the signature of one (1) of them and of the grantor; (4) By like proof that both of the subscribing witnesses are out of the state, or that one (1) is so absent and the other is dead; and also like proof of the signature of one (1) of the witnesses and of the grantor; or (5) On the certificate of a county clerk of this state, or any notary public, that the deed has been acknowledged before him by the party making the deed or proved before him in the manner required by subsection (2), (3) or (4). Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 501.

KRS 382.135 Statement of consideration or market value and mailing and in-care-of addresses required in deed to real property -- Exceptions -- Affidavit of personal representative -- Clerk prohibited from filing noncompliant deed

382.135. Statement of consideration or market value and mailing and in-care-of addresses required in deed to real property -- Exceptions -- Affidavit of personal representative -- Clerk prohibited from filing noncompliant deed (1) In addition to any other requirement imposed by law, a deed to real property shall contain the following: (a) The full name of the grantor and grantee; (b) The mailing addresses of the grantor and grantee; (c) A statement of the full consideration; (d) A statement indicating the in-care-of address to which the property tax bill for the year in which the property is transferred may be sent; and (e) 1. In the case of a transfer other than by gift, or with nominal or no consideration a sworn, notarized certificate signed by the grantor or his or her agent and the grantee or his or her agent, or the parent or guardian of a person under eighteen (18) years old, that the consideration reflected in the deed is the full consideration paid for the property; or 2. In the case of a transfer either by gift or with nominal or no consideration, a sworn, notarized certificate signed by the grantor or his or her agent and the grantee or his or her agent, or the parent or guardian of a person under eighteen (18) years old, stating that the transfer is by gift and setting forth the estimated fair cash value of the property. (2) The deed filing requirements listed in subsection (1)(c), (d), and (e) of this section shall not apply to: (a) Deeds which only convey utility easements; (b) Deeds which transfer property through a court action pursuant to a divorce proceeding; (c) Deeds which convey rights-of-way that involve governmental agencies; (d) Deeds which convey cemetery lots; (e) Deeds which correct errors in previous deeds conveying the same property from the same grantor to the same grantee; or (f) Deeds which convey real property to a local airport board. (3) In the case of an exchange of properties, the fair cash value of the property being exchanged shall be stated in the body of the deed. (4) In the event of a transfer of property by will or under the laws of intestate succession, the personal representative of the estate, prior to closing out the estate, shall file an affidavit with the county clerk of each county in which any of the property is located, which shall contain the following: (a) The names and addresses of the persons receiving each property passing by will or intestate succession; and (b) The full or fair market value of each property as estimated or established for any purpose in the handling of the estate, or a statement that no such values were estimated or established. (5) No county clerk or deputy clerk shall lodge for record, and no county clerk or deputy shall receive and permit to be lodged for record, any deed that does not comply with the provisions of this section. (6) For purposes of subsection (1)(a) of this section, the full name of the grantor and grantee shall be determined as follows: (a) As provided in KRS 355.9-503(1); or (b) For a business entity, it shall be synonymous with its real name determined as provided in KRS 365.015(1)(b) and (c); or (c) For an individual, his or her surname and his or her first personal name or initial, middle personal name or names, or initial or initials, or any combination thereof that includes the individual's surname. (7) The receipt for record and recording of any instrument by the county clerk not in compliance with this section shall not prevent the record of filing of the instrument from becoming notice as otherwise provided by law, nor impair the admissibility of the record as evidence. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 117, sec. 1, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 193, sec. 22, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 86, sec. 15, effective July 15, 2016. -- Amended 2010 Ky. Acts ch. 32, sec. 1, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 143, sec. 3, effective August 1, 2008. -- Amended 2005 Ky. Acts ch. 171, sec. 1, effective June 20, 2005. -- Amended 1992 Ky. Acts ch. 263, sec. 8, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 411, sec. 4, effective July 13, 1990.

KRS 382.140 Repealed, 2020

382.140. Repealed, 2020 Catchline at repeal: Recording of deeds executed out of state. History: Repealed 2019 Ky. Acts ch. 86, sec. 50, effective January 1, 2020. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 502.

KRS 382.150 Recording of deeds executed in foreign country

382.150. Recording of deeds executed in foreign country Deeds not executed within the United States or any of its dependencies, may be admitted to record when certified, under his seal of office, by any foreign minister, officer in the consular service of the United States, secretary of legation of the United States, or by the secretary of foreign affairs or a notary public of the nation in which the acknowledgment is made, or by the judge or clerk of a superior court of the nation where the deed is executed, to have been acknowledged or proven before him in the manner prescribed by law. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 503.

KRS 382.160 Certificate of acknowledgment or proof of deed

382.160. Certificate of acknowledgment or proof of deed (1) Where the acknowledgment of a deed is taken by an officer of this state or by an officer residing out of this state, he may simply certify that it was acknowledged before him, and when it was done. (2) Where a deed is proved by persons other than the subscribing witnesses, the officer shall state the name and residence of each person in his certificate. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 504, 507.

KRS 382.170 Recording of deeds executed according to laws of United States

382.170. Recording of deeds executed according to laws of United States The requirements of this chapter as to the acknowledgment or proof of the execution of deeds, shall not apply to deeds made or executed under and in accordance with the laws of the United States. Such deeds, when executed, shall be entitled to be recorded in this state, and shall have the same force and effect as though they had been acknowledged or proved and recorded in accordance with the laws of this state. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 516.

KRS 382.180 Instrument in foreign language -- Recording of

382.180. Instrument in foreign language -- Recording of If a deed or power of attorney, written in any language other than the English, is produced to the proper recording officer, and offered for record, and if the person offering it produces a correct English translation thereof, to be filed in the office and recorded with the deed or power of attorney, the clerk shall record in the proper book both the original and copy. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 517.

KRS 382.190 Repealed, 2020

382.190. Repealed, 2020 Catchline at repeal: Unrecorded deeds to be advertised by clerk. History: Repealed 2019 Ky. Acts ch. 86, sec. 50, effective January 1, 2020. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 512.

KRS 382.200 Cross-index of conveyances -- Filing and recording chattel mortgages, financing statements, and security agreements

382.200. Cross-index of conveyances -- Filing and recording chattel mortgages, financing statements, and security agreements (1) Except as provided in subsection (2) of this section and KRS 382.077, each county clerk shall make and keep an alphabetical cross-index of all conveyances recorded in his office, and when a mortgage or deed of trust, or any other conveyance, lease, or contract is lodged in his office for record, he shall, at once and before attending to any other business, place the names of the parties to the instrument upon the cross-index in his office, and shall within six (6) days thereafter record the instrument. (2) Chattel mortgages, financing statements or security agreements shall be filed and recorded in the manner set out in KRS 355.9-519. Effective: January 1, 2020 History: Amended 2019 Ky. Acts ch. 86, sec. 41, effective January 1, 2020. -- Amended 2000 Ky. Acts ch. 408, sec. 183, effective July 1, 2001. -- Amended 1960 Ky. Acts ch. 9, sec. 1, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 513.

KRS 382.205 General cross indexes -- Adoption and maintenance

382.205. General cross indexes -- Adoption and maintenance (1) Any county where indexes to the records of deeds, mortgages, wills, marriages, or other public records have been or may hereafter be prepared by the Work Projects Administration or other appropriate agency of the United States government, or by order of the fiscal court of any county, such indexes or any of them may be adopted as the official general cross indexes of such records in the manner provided by this section in addition to each individual book index. Upon the completion of any such indexing project by an appropriate federal agency or by a person or persons acting under the authority of a fiscal court, or at any time thereafter, any citizen of the county may petition the county judge/executive to have said index adopted as the official index. Upon the filing of the petition, the county judge/executive may forthwith by appropriate order designate a licensed attorney practicing in the county who with the county attorney and county clerk shall comprise a commission to examine the index proposed to be adopted and ascertain whether the index is a complete and accurate index of the records to which it pertains. The commission shall thereupon make such examination as may be necessary to ascertain to its satisfaction whether such index is complete and accurate. Upon completion of such examination, the commission shall make a written report to the county judge/executive of the results thereof and of its recommendations, which report shall lie over for exceptions for sixty (60) days. Notice of the filing of said report shall be given by the clerk by publication pursuant to KRS Chapter 424. Exceptions may be filed by any interested person, and if filed shall be heard and determined as in other cases. If no exceptions are filed thereto, or upon the exceptions (if any) the county judge/executive shall hear such proof as may be thought proper respecting the report filed by the clerk and the exceptions, and shall determine whether the said index is complete and accurate, and if it is determined that the index is complete and accurate, an order shall be entered adopting said index; provided, that if from such report or such proof it appears that corrections or additions should be made to such index in order to render it accurate and complete, the order may direct that such corrections or additions shall be made by the clerk, and in that event it shall be the duty of the clerk to make such corrections or additions forthwith, and upon his report that he has done so an order shall be entered adopting the index as so corrected. If adopted, said index shall thereupon become the official general cross index of the records to which it pertains, and all persons shall be entitled to rely thereon to the same extent as if the index had been prepared by the county clerk. Upon the adoption of any such index, it shall be the duty of the clerk to bring same up to date from the point at which same ceased to be made by the agency which prepared it, and to continue and maintain said index thereafter in lieu of the indexing system theretofore used, except he will continue to keep the regular individual book index, and to index all instruments lodged for record in conformity therewith. The indexes theretofore used shall not be destroyed after the adoption of the new indexes, but shall be safely kept by the clerk as other records are kept, subject to inspection by any person interested therein. (2) Expenses incurred by the county clerk under the provisions of this section shall be paid by the fiscal court of the county. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 510, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 310, effective January 2, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 220. -- Amended 1950 Ky. Acts ch. 140, sec. 1. -- Created 1942 Ky. Acts ch. 37, secs. 1 and 2.

KRS 382.210 General index of real property records in courthouse districts -- Contracts for indexing work

382.210. General index of real property records in courthouse districts -- Contracts for indexing work (1) In counties in which a courthouse district has been created and provisions made for appointment of commissioners in that district, the commissioners may direct that the clerk of such county shall, in such district, in addition to the alphabetical cross- index provided for in KRS 382.200, have made in books prepared for that purpose, general indexes to the records of all the real property in the district by placing under the heads of the original surveyed sections or surveys, or parts of a section or survey, squares, subdivisions, or lots on the left page of such index book: (a) A plat showing the survey, or part of section thereof, subdivision, square, or lots indexed on the page; (b) The name of the grantor or grantors; (c) Next to the right the name of the grantee or grantees; (d) The number and page of the record where the instrument is found recorded; (e) The character of the instrument, to be followed by a pertinent description of the property conveyed by the deed, lease, or assignment of lease or other instrument of writing affecting the lot or land described; and (f) On the opposite page, in like manner, all the mortgages, liens or other encumbrances affecting such real estate. (2) The clerk of each county having a courthouse district shall, when so directed by the commissioners, prepare the proper specifications for an additional indexing system to bring up and complete the system to the date the new system is installed. He shall advertise for bids for the work under the specifications prepared and shall, with the approval of the commissioners, enter into a contract with the lowest and best bidder for the work. Before entering into contract with the successful bidder, the clerk shall require him to give bond for the faithful performance of the contract in a sum fixed by the commissioners and the bond shall be approved by the commissioners. The cost or expense of the work shall be paid by the commissioners out of the funds of the courthouse district. (3) When the general indexes are completed, they shall constitute the official indexes, and the clerk of the county shall keep them up by indexing therein all conveyances in the district within one (1) month from the time they are lodged for record, and when so indexed the alphabetical cross-index of such instruments need no longer be preserved. When such records or any part of them become defaced or injured, the clerk shall transcribe them into new books, which shall be as valid in law as the original record, and the transcript therefrom shall be received and taken as of the same force and effect. The cost of such transcription shall be paid for out of the funds of the courthouse district. (4) In courthouse districts in which additional sectional indexes have been prepared, the commissioners may employ a competent person to keep up the indexes, in order that such additional indexes may be kept correctly and accurately. The commissioners shall pay such person a salary of not over two thousand four hundred dollars ($2,400) per annum out of the funds of the courthouse district. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 513.

KRS 382.220 General index of real property records in counties containing urban- county government or city with population of 20,000 or more -- Contracts for indexing work

382.220. General index of real property records in counties containing urban- county government or city with population of 20,000 or more -- Contracts for indexing work (1) Except in counties having a courthouse district as provided in KRS 382.210, the fiscal court in each county containing an urban-county government or a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census may in its discretion direct the county clerk to have made in books prepared for that purpose general indexes of the records of all the real property in the county according to a system approved by the fiscal court or the legislative body of the urban-county government. The county clerk shall advertise for bids for all the work necessary to install the system under specifications approved by the county judge/executive or mayor of the urban-county government and shall, with the approval of the fiscal court or the legislative body of the urban- county government, enter into a contract with the lowest and best bidder for the work, after requiring him to give bond for the faithful performance of the contract in a sum to be fixed by the fiscal court or the legislative body of the urban-county government and approved by the county judge/executive or mayor of the urban- county government, and when the work has been completed to its satisfaction, the fiscal court or the legislative body of the urban-county government shall direct the payment agreed upon out of the general fund of the county. (2) When general indexes are completed they shall constitute the official indexes and the clerk of the county shall keep the indexes up to date by indexing therein the records of all real property within one (1) month from the time they are lodged for record, and when so indexed the alphabetical cross-index of such instruments need no longer be preserved, and when such records or any part of them become defaced or injured the clerk shall transcribe the defaced or injured records into new books, which shall be as valid in law as the original record. (3) In order that such additional indexes may be kept correctly and accurately, the fiscal court or the legislative body of the urban-county government may employ a competent person to keep the system of indexing and shall pay such person a sum not less than two thousand four hundred dollars ($2,400) nor more than four thousand dollars ($4,000) per annum, out of the general funds of the county. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 307, effective January 1, 2015. -- Amended 1950 Ky. Acts ch. 17, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1840c.

KRS 382.225 Duties of county clerk as to general indexes in certain counties containing city with population of 20,000 or more

382.225. Duties of county clerk as to general indexes in certain counties containing city with population of 20,000 or more The fiscal court in counties having a population of less than seventy-five thousand (75,000) and an assessed valuation of more than one hundred million (100,000,000) and containing a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census may in its discretion direct the county clerk to have made in books proper for that purpose general indexes of all records in the office of the county clerk according to a system approved by the fiscal court. When the general indexes are thus completed they shall constitute the official indexes and the clerk of the county shall keep the indexes up to date by indexing therein the records of all property within one (1) month from the date they are lodged for record, and when they are so indexed, the alphabetical cross-index of such instruments need no longer be preserved and when such records or any part of them become defaced or injured, the clerk shall transcribe the defaced or injured records into new books, and they shall be as valid in law as the original record. The fiscal court may in its discretion require the county clerk and his deputies to make such indexes as provided by this section without additional compensation or may allow the said clerk for his services rendered by him and his deputies reasonable compensation. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 308, effective January 1, 2015. -- Created 1942 Ky. Acts ch. 207, sec. 2.

KRS 382.230 Conveyance not void because of error of clerk -- Validation of prior certification and proof

382.230. Conveyance not void because of error of clerk -- Validation of prior certification and proof (1) No conveyance of real property shall be void or invalid because of a failure by the county clerk to incorporate in his certificate to such conveyance an endorsement of acknowledgment made by his deputy thereon. (2) When acknowledgments to conveyances of real property have been taken by a deputy clerk, and a note or memorandum thereof endorsed by him on the conveyance, and a certificate of such acknowledgment has been afterward written out by the principal clerk and signed by him as having been done by such deputy or as if the acknowledgment had been before such principal clerk, such conveyance and certificate, and the recording thereof, shall be valid although the note or memorandum made by the deputy was not copied into the certificate. (3) No conveyance of real property certified, proven or lodged for record prior to June 17, 1924, shall be void or invalid because it was not certified, proven, or lodged for record as required by the law in force at the time, if it was certified or proven in the manner prescribed by the Act of 1910 c 82, or by KRS 382.130 or 382.150. Effective: January 1, 2020 History: Amended 2019 Ky. Acts ch. 86, sec. 39, effective January 1, 2020. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 514.

KRS 382.240 Delivery of recorded instruments -- Destruction of unclaimed instruments

382.240. Delivery of recorded instruments -- Destruction of unclaimed instruments Each instrument that is recorded shall be delivered to the party entitled thereto. The county clerk shall require prepayment of postage and a three dollar ($3) reimbursement for delivery of said instruments at the time they are left for record in his office. If the county clerk is unable to locate the parties entitled thereto, he shall retain the instruments for at least one (1) year. The clerk may then destroy the instruments. Effective: January 1, 2020 History: Amended 2019 Ky. Acts ch. 86, sec. 44, effective January 1, 2020. -- Amended 1982 Ky. Acts ch. 323, sec. 1, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 519.

KRS 382.250 Acknowledgment before deputy clerk -- Duty of clerk

382.250. Acknowledgment before deputy clerk -- Duty of clerk If the deputy of any county clerk takes the acknowledgment of a deed or other instrument, and writes thereon the certificate of acknowledgment, the instrument or deed, together with the certificate of the deputy, shall be recorded. If the deputy only endorses a memorandum of the acknowledgment on the deed or instrument, then the principal clerk shall write the certificate as if the acknowledgment had been taken before him, and the deed or instrument shall be as valid as if the certificate had been written in full by the deputy. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 515.

KRS 382.260 Deed not legally lodged for record unless tax paid

382.260. Deed not legally lodged for record unless tax paid No deed shall be held to be legally lodged for record until the tax is paid thereon. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 520.

KRS 382.270 Instruments not valid against purchasers or creditors unless acknowledged or proved -- Exemption for instruments otherwise lodged for record

382.270. Instruments not valid against purchasers or creditors unless acknowledged or proved -- Exemption for instruments otherwise lodged for record (1) Except as otherwise provided in KRS 382.285, no deed or deed of trust or mortgage conveying a legal or equitable title to real property shall be lodged for record and, thus, valid against a purchaser for a valuable consideration, without notice thereof, or against creditors, until such deed or mortgage is acknowledged or proved according to law. However, if a deed or deed of trust or mortgage conveying a legal or equitable title to real property is not so acknowledged or proved according to law, but is or has been otherwise lodged for record, such deed or deed of trust or mortgage conveying a legal or equitable title to real property or creating a mortgage lien on real property shall be deemed to be validly lodged for record for purposes of KRS Chapter 382, and all interested parties shall be on constructive notice of the contents thereof. (2) As used in this section, "creditors" includes all creditors irrespective of whether or not they have acquired a lien by legal or equitable proceedings or by voluntary conveyance. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 167, sec. 1, effective July 14, 2022. -- Amended 2010 Ky. Acts ch. 155, sec. 2, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 183, sec. 16, effective July 12, 2006. -- Amended 1962 Ky. Acts ch. 83, sec. 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 496.

KRS 382.280 Order in which deeds and mortgages take effect

382.280. Order in which deeds and mortgages take effect Except as otherwise provided in KRS 382.077 and 382.285, all bona fide deeds of trust or mortgages shall take effect in the order that they are legally acknowledged or proved and lodged for record. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 167, sec. 2, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 86, sec. 42, effective January 1, 2020. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 497.

KRS 382.285 Purchase money deed of trust or mortgage granted by the purchaser -- Priority over prior lien

382.285. Purchase money deed of trust or mortgage granted by the purchaser -- Priority over prior lien A purchase money deed of trust or mortgage granted by a purchaser shall have priority over a prior lien under KRS 426.720 against the purchaser. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 167, sec. 3, effective July 14, 2022.

KRS 382.290 Recording of mortgages and deeds retaining liens -- Assignment -- Discharge -- Form of record -- Clerk's fee

382.290. Recording of mortgages and deeds retaining liens -- Assignment -- Discharge -- Form of record -- Clerk's fee (1) In recording mortgages and deeds in which liens are retained (except railroad mortgages securing bonds payable to bearer), there shall be left a blank space immediately after the record of the deed or mortgage of at least two (2) full lines for each note or obligation named in the deed or mortgage, or in the alternative, at the option of the county clerk, a marginal entry record may be kept for the same purposes as the blank space. Each entry in the marginal entry record shall be linked to its respective referenced instrument in the indexing system for the referenced instruments. (2) No county clerk or deputy county clerk shall admit to record any mortgage or deed in which liens are retained unless the mortgage or deed in which a lien is retained plainly specifies and refers to the immediate source from which the mortgagor or grantor derived title to the property or the interest encumbered therein. (3) When any note named in any deed or mortgage is assigned to any other person, the assignor may, over his own hand, attested by the clerk, note such assignment in the blank space, or in a marginal entry record, beside a listing of the book and page of the document being assigned, and when any one (1) or more of the notes named in any deed or mortgage is paid, or otherwise released or satisfied, the holder of the note, and who appears from the record to be such holder, may release the lien, so far as such note is concerned, by release, over his own hand, attested by the clerk. Each entry in the marginal entry record shall be linked to its respective referenced instrument in the indexing system for the referenced instrument. (4) No person who does not, from such record or assignment of record, appear at the time to be the legal holder of any note secured by lien in any deed or mortgage, shall be permitted to release the lien securing any such note, and any release made in contravention of this section shall be void; but this section does not change the existing law if no such entry is made. (5) For each assignment and release so made and attested by the clerk, he may charge a fee pursuant to KRS 64.012 to be paid by the person executing the release or noting the assignment. (6) If such assignment of a note is made by separate instrument or by deed assigning the note, or in a marginal entry record, the instrument of writing or deed or marginal entry record shall set forth the date of notes assigned, a brief description of notes, the name and post office address of assignee, and the deed book and page of the instrument wherein the lien or mortgage is recorded and the clerk or deputy clerk receiving such instrument of writing or deed of assignment for record shall at the option of the county clerk immediately either link the assignment and its filing location to its respective referenced instrument in the indexing system for the referenced instrument, or endorse at the foot of the record in the space provided in subsection (1) of this section, "The notes mentioned herein (giving a brief description of notes assigned) have been transferred and assigned to (insert name and address of assignee) by deed of assignment (or describe instrument) dated and recorded in deed book .... page ....," and attest such certificate. For making such notation on the record the clerk shall be allowed a fee pursuant to KRS 64.012 for each notation so made, to be paid by the party filing the instrument of writing or deed of assignment. (7) No holder of a note secured by lien retained in either deed or mortgage shall lodge for record, and no clerk or deputy clerk shall receive and permit to be lodged for record, any deed or instrument of writing that does not comply with the provisions of this section. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 11, sec. 3, effective July 15, 2016. -- Amended 2015 Ky. Acts ch. 65, sec. 1, effective June 24, 2015. -- Amended 1982 Ky. Acts ch. 323, sec. 2, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 84, sec. 15, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 498a.

KRS 382.295 Recording master form for mortgages -- Incorporation by reference of contents

382.295. Recording master form for mortgages -- Incorporation by reference of contents (1) An instrument containing forms of covenants, conditions, obligations, powers, and other clauses of a mortgage may be recorded in the county clerk's office of any county, and the county clerk of such county, upon the request of any person, on tender of the lawful fees therefor, shall record the same. Every such instrument shall be entitled on the face thereof as a "Master form recorded by .... (name of person causing the instrument to be recorded)." The instrument need not be acknowledged to be entitled to record. (2) When any such instrument is recorded, the county clerk shall index the instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate. (3) After the form mentioned in subsection (1) of this section is recorded, any of the provisions of such master form instrument may be incorporated by reference in any mortgage of real estate situated within this state, if the reference in the mortgage states that the master form instrument was recorded in the county in which the mortgage is offered for record and states the date when and the book and page or pages where the master form instrument was recorded. The recording of any mortgage which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this section shall have like effect as if the provisions of the master form so incorporated by reference had been set forth fully in the mortgage. History: Created 1970 Ky. Acts ch. 88, secs. 1-3.

KRS 382.297 Requirements for amendment, renewal, modification, or extension of recorded mortgage -- Amendment of recorded mortgage by affidavit of amendment -- Effect of subsequent release of original mortgage -- Construction

382.297. Requirements for amendment, renewal, modification, or extension of recorded mortgage -- Amendment of recorded mortgage by affidavit of amendment -- Effect of subsequent release of original mortgage -- Construction (1) A county clerk shall admit to record any amendment, renewal, modification, or extension of a recorded mortgage that complies with subsection (2) of this section. (2) Any amendment, renewal, modification, or extension of a recorded mortgage admitted to record under subsection ( 1) of this section shall: (a) Be in writing; (b) Contain: 1. The name and mailing address of each mortgagor; 2. The name and mailing address of the mortgagee; 3. The book and page number where the original mortgage is recorded; 4. A description of the amendment, renewal, modification, or extension, which: a. Shall be in conformity with KRS 382.330; and b. For an extension, shall include the: i. Time period of the extension; and ii. Amount of indebtedness remaining due; 5. A printed, typewritten, or stamped endorsement on the instrument to be recorded stating the name and address of the individual who prepared the instrument, which shall be signed by the individual; 6. The address to which the recorded instrument is to be delivered as provided in KRS 382.240; and 7. The signature of each mortgagor and the mortgagee, acknowledged before a notary public; and (c) Be recorded in the office of the county clerk in which the original mortgage is located. (3) (a) In addition to any amendment allowed under subsection (1) of this section, a county clerk shall admit to record an affidavit of amendment to a recorded mortgage that: 1. Is prepared and executed by an attorney licensed in Kentucky; and 2. Complies with this subsection. (b) An affidavit of amendment may not change: 1. Any term, dollar amount, or interest rate in the mortgage; 2. The parties; or 3. The collateral of a recorded mortgage; but may be used to correct a manifest clerical or typographical error such as spelling, punctuation, or numbering mistakes in typing or printing. (c) The attorney preparing the affidavit shall certify in the affidavit that notice of filing the amendment has been given to each mortgagor by mailing a copy of the amendment to the mortgagor or mortgagors at the address shown on the original mortgage. (4) Every amendment, renewal, modification, or extension of a recorded mortgage admitted to record under this section shall be recorded by the county clerk in the same manner as recordation of an original mortgage. (5) The receipt for record and recording of any instrument by a county clerk that is not in compliance with the provisions of this section shall not prevent the record of filing of the instrument from becoming notice as otherwise provided by law, and shall not impair the admissibility of the record as evidence. (6) A subsequent release of the original mortgage releases any amendments, renewals, modifications, or extensions admitted to record under this section. (7) Nothing in this section shall be construed to: (a) Affect or change the priority established under law of any recorded mortgage, including but not limited to the priority established under KRS 382.340, 382.385, and 382.520; (b) Create or establish: 1. A lien or other security interest; or 2. Priority in a lien or other security interest; or (c) Require the recording of any amendment, renewal, modification, or extension of a recorded mortgage in order: 1. To secure payment of any sums due and payable under the mortgage; 2. To secure priority of the mortgage, as amended, renewed, modified, or extended; or 3. For the amendment, renewal, modification, or extension to be enforceable between the parties. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 130, sec. 1, effective July 15, 2024. -- Amended 2016 Ky. Acts ch. 11, sec. 4, effective July 15, 2016. -- Amended 2015 Ky. Acts ch. 65, sec. 2, effective June 24, 2015. -- Created 2006 Ky. Acts ch. 183, sec. 19, effective July 12, 2006.

KRS 382.300 Duty of clerk concerning instruments lodged for record -- Reproduction of clerk's signature on photographic copy

382.300. Duty of clerk concerning instruments lodged for record -- Reproduction of clerk's signature on photographic copy (1) Every county clerk shall record all deeds, mortgages and powers of attorney that are lodged for record, properly certified, or that are acknowledged or proved before him as required by law. He shall also record the certificates endorsed on such instrument, and shall certify the time when the instrument was lodged in his office for record. If acknowledged or proved before him, he shall also certify the time of acknowledgment or proof, and by whom proved, and that the instrument and the certificate thereon have been duly recorded in his office. (2) Whenever, either heretofore or hereafter, any recordable instrument of writing bearing the certificate of the clerk showing its recording shall have been copied of record by any photographic, photocopying, or other mechanical process for reproducing on the record the instrument and certificate, the clerk's signature, by either the clerk or his deputy, so reproduced with such certificate shall have the same effect as if subscribed by the clerk on the record. Effective: June 19, 1952 History: Amended 1952 Ky. Acts ch. 123, sec. 1, effective June 19, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 511.

KRS 382.310 Clerk may complete acknowledgment and record of predecessor

382.310. Clerk may complete acknowledgment and record of predecessor If the office of any county clerk has been vacated, leaving therein any instrument unrecorded, which from an official endorsement thereon appears to have been acknowledged or proved in part, his successor may receive the complete acknowledgment and record the same, stating the facts in his certificate. If any such instrument appears to have been acknowledged or proved ready for record, or to have been acknowledged or proved before another officer, and certified according to law, and lodged in his office for record, or is produced to his successor for record, the successor of such clerk shall record the instrument, making his certificate conform to the facts. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 510.

KRS 382.320 Clerk may correct errors and omissions of predecessor

382.320. Clerk may correct errors and omissions of predecessor (1) If the office of any county clerk has been vacated, leaving any instrument recorded in his office, the original of which has never been taken therefrom, and in the record of which, or the authentication thereof, there is a deviation from the original, the successor shall correct such record by making it an exact copy of the original instrument and authentication. (2) Whenever the clerk who has vacated his office has failed to put his name to the certificate on any instrument which he has recorded, or to the record thereof, and the original has not been removed from his office, the successor shall sign the name of his predecessor to the certificate, and shall make a note on the record at the foot of the certificate, of any act so done. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 509.

KRS 382.330 Instrument not to be recorded unless date of maturity shown -- Exception

382.330. Instrument not to be recorded unless date of maturity shown -- Exception No county clerk shall record a deed or deed of trust or mortgage covering real property by which the payment of any indebtedness is secured unless the deed or deed of trust or mortgage states the date and the maturity of the obligations thereby secured which have been already issued or which are to be issued forthwith. In the case of obligations due on demand, the requirement of stating the maturity thereof shall be satisfied by stating that such obligations are "due on demand." Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 373, sec. 1, effective June 17, 1978. -- Amended 1962 Ky. Acts ch. 83, sec. 17. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 511a-1.

KRS 382.335 Certain information to be included in instruments in order for them to be recorded

382.335. Certain information to be included in instruments in order for them to be recorded (1) No county clerk shall receive or permit the recording of any instrument by which the title to real estate or personal property, or any interest therein or lien thereon, is conveyed, granted, encumbered, assigned, or otherwise disposed of; nor receive any instrument or permit any instrument, provided by law, to be recorded as evidence of title to real estate, unless the instrument has endorsed on it, a printed, typewritten, or stamped statement showing the name and address of the individual who prepared the instrument, and the statement is signed by the individual. The person who prepared the instrument may execute his or her signature by affixing a facsimile of his or her signature on the instrument. This subsection shall not apply to any instrument executed or acknowledged prior to July 1, 1962. (2) No county clerk shall receive or permit the recording of any instrument by which the title to real estate or any interest therein is conveyed, granted, assigned, or otherwise disposed of unless the instrument contains the mailing address of the grantee or assignee. This subsection shall not apply to any instrument executed or acknowledged prior to July 1, 1970. (3) This section shall not apply to wills or to statutory liens in favor of the Commonwealth. (4) No county clerk shall receive, or permit the recording of, any instrument by which real estate, or any interest therein, is conveyed, granted, assigned, transferred, or otherwise disposed of unless the instrument complies with the official indexing system of the county. The indexing system shall have been in place for at least twenty-four (24) months prior to July 15, 1994 or shall be implemented for the purpose of allowing computerized searching for the instruments of record of the county clerk. If a county clerk requires a parcel identification number on an instrument before recording, the clerk shall provide a computer terminal, at no charge to the public, for use in finding the parcel identification number. The county clerk may make reasonable rules about the use of the computer terminal, requests for a parcel identification number, or both. (5) The receipt for record and recording of any instrument by the county clerk without compliance with the provisions of this section shall not prevent the record of filing of the instrument from becoming notice as otherwise provided by law, nor impair the admissibility of the record as evidence. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 133, sec. 72, effective July 15, 2010; and amended ch. 151, sec. 113, effective January 1, 2011. -- Amended 1994 Ky. Acts ch. 293, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 164, sec. 3, effective July 13, 1990. -- Amended 1972 Ky. Acts ch. 134, sec. 1. -- Amended 1970 Ky. Acts ch. 164, sec. 1. -- Created 1962 Ky. Acts ch. 23, sec. 1. Legislative Research Commission Note (1/1/2011). This section was amended by 2010 Ky. Acts chs. 133 and 151, which are virtually identical and have been codified together.

KRS 382.337 Filing of affidavit to correct or supplement certain information contained in deed

382.337. Filing of affidavit to correct or supplement certain information contained in deed Any party to a deed or the attorney who prepared the deed or other persons with personal knowledge may execute and file with the county clerk his or her affidavit to correct or supplement information regarding the marital status of any party to a deed, or to supplement or correct information contained in or absent from the acknowledgment or notary portion of a deed, and for no other purpose. Nothing in this section is intended to replace any existing statutory requirement regarding the execution and filing of deeds. The affidavit shall contain the name, address, and signature of the person who prepared the instrument as required by KRS 382.335. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 183, sec. 20, effective July 12, 2006.

KRS 382.340 Mortgages executed by public utility corporations -- Recording -- Effect

382.340. Mortgages executed by public utility corporations -- Recording -- Effect (1) Mortgages executed by corporations, authorized to operate railroads, motor transportation lines, electric light, heat and power plants, water plants, telegraph and telephone lines, pipelines for the transportation or distribution of natural or manufactured gas, or a mixture of same, which cover rights-of-way, franchises, pipelines, pole lines, easements, railroad tracks, engines, cars, motor equipment or any tangible personal property, or after-acquired property of whatever kind, may create a lien upon such property, or any interest therein, and may secure all renewals and extensions of any loan secured thereby and the note evidencing the same, and may secure any additional indebtedness whether direct, indirect, existing, future, contingent or otherwise, to the extent authorized by the mortgage or deed of trust, if the mortgage by its terms stipulates the maximum additional indebtedness which may be secured thereby. All such mortgages which cover rights-of-way, franchises, pipelines, pole lines, easements, railroad tracks, engines, motor equipment or any tangible personal property shall be duly acknowledged as required by law and recorded as mortgages on real estate are required to be recorded only in the county in Kentucky in which the principal office of the corporation is located. (2) If the mortgage covers other real property in addition to rights-of-way, franchises, pipelines, pole lines, easements, railroad tracks, engines, cars, motor equipment or tangible personal property, then the mortgage shall also be recorded in each county in which such other real property is located. (3) When such mortgage is lodged for record, as herein provided, it shall be effective against purchasers for a valuable consideration without notice and against creditors as defined in KRS 382.270. History: Amended 1968 Ky. Acts ch. 121, sec. 1; and ch. 152, sec. 157. -- Amended 1966 Ky. Acts ch. 164, sec. 2. -- Amended 1964 Ky. Acts ch. 118, sec. 2. -- Amended 1960 Ky. Acts ch. 250, sec. 2. -- Amended 1942 Ky. Acts ch. 101, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 495a-4.

KRS 382.350 Removal of property from land covered by lien

382.350. Removal of property from land covered by lien Any person who, with actual or constructive notice of a recorded real property mortgage or vendor's lien, and without the written consent of the record holder thereof, purchases, severs or removes from the land covered by the mortgage or lien, any standing timber, buildings, minerals, or improvements in the nature of fixtures real, covered by and included in the mortgage or lien, and who converts such property to his own use, shall take such property subject to the mortgage or vendor's liens, and the respective priorities thereof, and shall be liable to the holders of the mortgages or liens for a return of such property or for the reasonable market value thereof at the time of the purchase or severance or removal and conversion thereof at the option of the holder of the mortgage or lien. But no holder of a mortgage or a vendor's lien shall recover more than the amount of the indebtedness secured by his mortgage or vendor's lien, and any amount recovered by the holder of the mortgage or vendor's lien shall be credited on the indebtedness secured thereby. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 498b.

KRS 382.360 Discharge of liens by deed or mortgage -- Assignment of mortgage -- Effect

382.360. Discharge of liens by deed or mortgage -- Assignment of mortgage -- Effect (1) Liens by deed or mortgage may be discharged by an entry acknowledging their satisfaction on the margin of the record thereof, or in the alternative, at the option of the county clerk, in a marginal entry record, signed by the person entitled thereto, or his or her personal representative or agent, and attested by the clerk, or may be discharged by a separate deed of release, which shall recite the date of the instrument and deed book and the page wherein it is recorded. Such release in the case of a mortgage or deed of trust shall have the effect to reinstate the title in the mortgagor or grantor or person entitled thereto. Each entry in the marginal entry record shall be linked to its respective referenced instrument in the indexing system for the referenced instruments. (2) If a lien or mortgage is released by a deed of release, the clerk shall immediately, at the option of the clerk, either link the release and its filing location to its respective referenced instrument in the indexing system for the referenced instrument, or endorse on the margin of the record wherein the lien is retained "Released by deed of release (stating whether in whole or in part) lodged for record (giving date, deed book and page wherein such deed of release may be found)" and the clerk shall also attest such certificate. (3) When a mortgage is assigned to another person, the assignee shall file the assignment for recording with the county clerk within thirty (30) days of the assignment and the county clerk shall attest the assignment and shall note the assignment in the blank space, or in a marginal entry record, beside a listing of the book and page of the document being assigned. Provided, however, that an assignee that reassigns the note prior to the thirtieth day after first acquiring the assignment may request that the subsequent assignee file the unfiled assignment with the new reassignment. (4) Delivering an assignment to the assignee or a lien release to the mortgagor shall not substitute for filing the assignment or release with the county clerk, as required by this section. (5) Notwithstanding the provisions of this section, nothing in this chapter shall require the legal holder of any note secured by lien in any deed or mortgage to file a release of any mortgage when the mortgage securing such paid note also secures a note or other obligation which remains unpaid. (6) Failure of an assignee to record a mortgage assignment shall not affect the validity or perfection, or invalidity or lack of perfection, of a mortgage lien under applicable law. Effective: January 1, 2020 History: Amended 2019 Ky. Acts ch. 86, sec. 45, effective January 1, 2020. -- Amended 2006 Ky. Acts ch. 183, sec. 17, effective July 12, 2006. -- Amended 1982 Ky. Acts ch. 323, sec. 3, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 498.

KRS 382.365 Release of lien, with notice to property owner, within thirty days of satisfaction -- Assignments of liens -- Proceeding against lienholder in District Court or Circuit Court -- Liability of lienholder when lien not released or notice not sent -- Notice to state or lienholder -- Damages

382.365. Release of lien, with notice to property owner, within thirty days of satisfaction -- Assignments of liens -- Proceeding against lienholder in District Court or Circuit Court -- Liability of lienholder when lien not released or notice not sent -- Notice to state or lienholder -- Damages (1) A holder of a lien on real property, including a lien provided for in KRS 376.010, shall release the lien in the county clerk's office where the lien is recorded within thirty (30) days from the date of satisfaction. (2) An assignee of a lien on real property shall record the assignment in the county clerk's office as required by KRS 382.360. Failure of an assignee to record a mortgage assignment shall not affect the validity or perfection, or invalidity or lack of perfection, of a mortgage lien under applicable law. (3) A proceeding may be filed by any owner of real property or any party acquiring an interest in the real property in District Court or Circuit Court against a lienholder that violates subsection (1) or (2) of this section. A proceeding filed under this section shall be given precedence over other matters pending before the court. (4) Upon proof to the court of the lien being satisfied by payment in full to the final lienholder or final assignee, the court shall enter a judgment noting the identity of the final lienholder or final assignee and authorizing and directing the master commissioner of the court to execute and file with the county clerk the requisite release or assignments or both, as appropriate. The judgment shall be with costs including a reasonable attorney's fee. If the court finds that the lienholder received written notice of its failure to release and lacked good cause for not releasing the lien, the lienholder shall be liable to the owner of the real property or to a party with an interest in the real property in the amount of one hundred dollars ($100) per day for each day, beginning on the fifteenth day after receipt of the written notice, of the violation for which good cause did not exist. This written notice shall be properly addressed and sent by certified mail or delivered in person to the final lienholder or final assignee as follows: (a) For a corporation, to an officer at the lienholder's principal address or to an agent for process located in Kentucky; however, if the corporation is a foreign corporation and has not appointed an agent for process in Kentucky, then to the agent for process in the state of domicile of the corporation; (b) For an individual, to the individual at the address shown on the mortgage, at the lienholder's residence or place of business, or at an address to which the lienholder has directed that correspondence or payoff be sent; (c) For a trust or an estate, to a fiduciary at the address shown on the mortgage or at an address to which the lienholder has directed that correspondence or payoff be sent; and (d) For any other entity, including but not limited to limited liability companies, partnerships, limited partnerships, limited liability partnerships, and associations, to an officer, partner, or member at the entity's principal place of business or to an agent for process. (5) A lienholder that continues to fail to release a satisfied real estate lien, without good cause, within forty-five (45) days from the date of written notice shall be liable to the owner of the real property or to a party with an interest in the real property for an additional four hundred dollars ($400) per day for each day for which good cause did not exist after the forty-fifth day from the date of written notice, for a total of five hundred dollars ($500) per day for each day for which good cause did not exist after the forty-fifth day from the date of written notice. The lienholder shall also be liable for any actual expense including a reasonable attorney's fee incurred by the owner or a party with an interest in the real property in securing the release of real property by such violation and in securing an award of damages. Damages under this subsection for failure to record an assignment pursuant to KRS 382.360(3) shall not exceed three (3) times the actual damages, plus attorney's fees and court costs, but in no event less than five hundred dollars ($500). (6) The former holder of a lien on real property shall send by regular mail a copy of the lien release to the property owner at his or her last known address within seven (7) days of the release. A former lienholder that violates this subsection shall be liable to the owner of the real property for fifty dollars ($50) and any actual expense incurred by the owner in obtaining documentation of the lien release. (7) For the purposes of this section, "date of satisfaction" means that date of receipt by a holder of a lien on real property of a sum of money in the form of a certified check, cashier's check, wired transferred funds, or other form of payment satisfactory to the lienholder that is sufficient to pay the principal, interest, and other costs owing on the obligation that is secured by the lien on the property. (8) The provisions of this section shall not apply when a lienholder is deceased and the estate of the lienholder has not been settled. (9) The state licensing agency, if applicable, or any holder of a lien on real property shall be notified of the disposition of any actions brought under this section against the lienholder. (10) The provisions of this section shall be held and construed as ancillary and supplemental to any other remedy provided by law. (11) If more than one (1) owner or party with an interest in the real property brings an action to recover damages under this section, any statutory damages shall be allocated equally among recovering parties in the absence of agreement otherwise among said parties. The entry of a judgment awarding damages shall bar a subsequent action by any other person or entity to recover damages for the same violation. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 183, sec. 18, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 412, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 280, sec. 1, effective July 15, 1998; and ch. 507, sec. 1, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 259, sec. 3, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 191, sec. 1, effective July 15, 1986. -- Created 1978 Ky. Acts ch. 331, sec. 1, effective June 17, 1978.

KRS 382.370 Power of attorney to convey or release property -- Recording -- Revocation

382.370. Power of attorney to convey or release property -- Recording -- Revocation Powers of attorney to convey or release real or personal property, or any interest therein, may be acknowledged, proved and recorded in the proper office, in the manner prescribed for recording conveyances. If the conveyance made under a power, is required by law to be recorded or lodged for record, to make the same valid against creditors and purchasers, then the power must be lodged or recorded in like manner, and no such power so recorded shall be deemed to be revoked by any act of the party by whom it was executed, except from the time when there has been lodged for record in the office in which the power is recorded a written revocation, executed and proved or acknowledged in the manner prescribed for conveyances, or a memorandum of revocation made on the margin of the record thereof, which memorandum is signed by the party executing the same, and attested by the clerk. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 499.

KRS 382.380 Statement of amount and maturity to be filed before additional securities are issued

382.380. Statement of amount and maturity to be filed before additional securities are issued If a deed of trust or mortgage is made to a trustee or to a mortgagee to secure the payment of bonds or other obligations to be issued thereafter, the grantor in the deed of trust or the mortgagor in the mortgage, when or before such additional bonds or other obligations are issued, shall cause to be recorded in the office of the county clerk of the county in which such deed of trust or mortgage was first recorded, a statement by the grantor or the mortgagor acknowledged as deeds are required to be acknowledged, setting forth the amount, the date, the maturity and the description of such additional obligations, and until such statement is so lodged for record no such bonds or other obligations shall be issued by the grantor or the mortgagor or certified by the trustee. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 511a-2.

KRS 382.385 Mortgage on real estate to secure payment of sums due under line of credit or revolving credit plan -- Priority of liens -- Mortgage amendment -- Release of lien

382.385. Mortgage on real estate to secure payment of sums due under line of credit or revolving credit plan -- Priority of liens -- Mortgage amendment -- Release of lien (1) As used in this section: (a) "Line of credit" means a note, commitment, instrument, or agreement in writing between a lender and a debtor pursuant to which: 1. The lender may extend loans, advances, or other extensions of credit to, or for the benefit of, the debtor; and 2. The total amount of loans, advances, or extensions of credit outstanding may increase or decrease from time to time. (b) "Revolving credit plan" means an arrangement between a lender and a debtor pursuant to which: 1. The lender may extend credit to the debtor by permitting the debtor to make purchases of goods, services, and anything else of value or obtain loans, from time to time, directly from the lender or indirectly by use of a credit card, check, or other device, as the plan may provide; 2. The unpaid balances of purchases made, the principal of loans obtained, and finance and other appropriate charges are debited to the debtor's account; 3. A finance charge, if made, is not precomputed, but is computed on the outstanding unpaid balances of the debtor's account from time to time; and 4. The lender renders bills or statements to the debtor at regular intervals, which need not be a calendar month (the "billing cycle"), the amount of which bills or statements is payable by and due from the debtor on a specified date stated in the bill or statement or, at the debtor's option, may be paid in installments. (2) (a) Any mortgage of real property may secure payment of any or all sums due and payable by the debtor under a line of credit or under a revolving credit plan if the mortgage: 1. States, in substance or effect, that the parties intend that the mortgage secures the line of credit or revolving credit plan; 2. Specifies the maximum principal amount of credit which may be extended under the line of credit or the maximum credit limit of the revolving credit plan which, in each case, may be outstanding at any time or times under the line of credit or plan, and which is to be secured by the mortgage. (b) The mortgage shall remain in full force and effect until released of record as provided in subsection (5) of this section and the validity, continued effectiveness, and priority of the mortgage shall not be affected or impaired by the fact that no loan, advance, or extension of credit is made at the time of the execution or recordation of the mortgage, or that the outstanding balance due under the line of credit or revolving credit plan secured by the mortgage is zero at any time or times. (3) Except as provided in paragraphs (a), (b), (c), and (d) of this subsection or in any written subordination or other written agreement entered into by the lender relating to the priority of the mortgage referred to in subsection (2) of this section, the lien of the mortgage referred to in subsection (2) of this section shall be superior to any liens or encumbrances of any kind created or arising after recordation of the mortgage, even to the extent of sums advanced by the lender with actual or constructive notice of a subsequently created lien, but the lien of the mortgage shall be inferior to: (a) Real estate tax liens and liens for public improvement assessments explicitly stated by statute to be superior to other nontax liens; (b) Any construction funds advanced under, or any additional indebtedness incurred within the meaning of KRS 382.520 and secured by, the lien of any mortgage recorded prior to the mortgage referred to in subsection (2) of this section; (c) Any sums specifically authorized to be advanced under any mortgage recorded prior to the mortgage referred to in subsection (2) of this section for, or paid on account of, taxes, charges, fines, and assessments against covering the property described in the mortgage or to effect insurance thereon; or (d) Valid mechanics' or materialmen's liens, with respect to which all filing and other requirements of KRS Chapter 376 have been satisfied, for the performance of labor or furnishing of materials for those purposes set forth in KRS 376.010(1) with respect to an owner-occupied, single or double-family dwelling, but only to the extent of sums advanced by the lender after the filing of the statement required under the applicable section of KRS Chapter 376. (4) (a) The debtor or his agent may, at any time or times, request the lender to amend the mortgage to reduce the maximum amount of credit specified in the mortgage referred to in subsection (2) of this section which may be extended under the line of credit or revolving credit plan by sending by certified mail, return receipt requested, or physically delivering to the lender at the address and to the person or department, if any, specified in the agreement establishing the line of credit or revolving credit plan, a written request signed and acknowledged by all debtors obligated under the line of credit or revolving credit plan. The request shall: 1. Specifically, and not by implication, describe the line of credit or revolving credit plan by account or other identifying number and request that the line of credit or plan be amended by reducing the maximum amount of credit which may be extended under the line of credit or the amount of the credit limit of the revolving credit plan which, in either case, may be outstanding from time to time under the line of credit or revolving credit plan, to an amount specified in the notice. The amount may not, however, be less than the balance owing under the line of credit or revolving credit plan at the time the request referred to in this paragraph is received; 2. Identify the real property covered by the mortgage referred to in subsection (2) of this section to which the request relates and give the date, volume, and first page of the records of the county clerk where the mortgage is recorded, which information shall be provided to the debtor within sixty (60) days of recording by the lender; and 3. Be accompanied by funds sufficient to pay the filing fee for recording the amendment referred to in paragraph (b) of this subsection. (b) Within ten (10) business days after actual receipt of the request referred to in paragraph (a) of this subsection and of the funds sufficient to pay the filing fee, the lender shall record in the office of the county clerk in which the mortgage referred to in subsection (2) of this section is recorded an amendment to the mortgage reflecting the reduction in the maximum amount of credit at any time or times outstanding which may be extended under the line of credit or revolving credit plan secured by the mortgage. (c) If within the ten (10) day period the lender fails to record the amendment to the mortgage referred to in paragraph (b) of this subsection, the debtor may record a copy of the written request referred to in paragraph (a) of this subsection upon payment of the same filing fee as provided for in an amendment to a mortgage. If the request complies with all the requirements of this section, the recording of the request shall constitute and be deemed to be an amendment to the line of credit or revolving credit plan and the mortgage to the extent described in the request. (5) The lender shall be obligated to release the lien of the mortgage referred to in subsection (2) of this section: (a) If the line of credit or revolving credit plan is closed or terminated in accordance with its terms and all amounts owed by the debtor thereunder are paid in full; or (b) Upon the written request to release the mortgage signed by all debtors or their agents obligated under the line of credit or revolving credit plan, which notice shall be sent by certified mail, return receipt requested, or physically delivered to the lender. The lender shall file a properly executed satisfaction of the mortgage upon payment of the balance owing under the line of credit or revolving credit plan at the time the request is received. From and after the request, the debtor shall have no right to request or demand that the lender extend credit under the line of credit or revolving credit plan, and the lender shall be released from all obligations and commitments to extend credit thereunder. (6) The provisions of KRS 382.330, 382.365, 382.430, and 382.520 shall not be applicable to the mortgage referred to in subsection (2) of this section. (7) This section is not exclusive and shall not prohibit the use of other types of mortgages or other instruments given for the purpose of creating a lien on real property permitted by law. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 49, sec. 1, effective July 14, 1992.

KRS 382.390 Repealed, 1960

382.390. Repealed, 1960 Catchline at repeal: Rolling stock of railroads; conditional sale or lien to be recorded. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2496.

KRS 382.400 Repealed, 1960

382.400. Repealed, 1960 Catchline at repeal: Contract may provide for conditional sale. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2497.

KRS 382.410 Repealed, 1960

382.410. Repealed, 1960 Catchline at repeal: Recording of payment of purchase money. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2498.

KRS 382.420 Repealed, 1960

382.420. Repealed, 1960 Catchline at repeal: Ownership to be shown on engine and cars. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2499.

KRS 382.430 Instrument constituting lien to give mailing address of lienholder

382.430. Instrument constituting lien to give mailing address of lienholder (1) No mortgage, conveyance, or other instrument or writing constituting a lien or other security for any note or other evidence of indebtedness shall be received for record by any county clerk unless such mortgage, conveyance, or other writing gives a mailing address of the lienholder. (2) Should there be an assignment of such mortgage, conveyance, or other instrument or writing constituting a lien or other security for any note or other evidence of indebtedness, of record in the clerk's office, the assignment shall state the address of the assignee. (3) For the purposes of this chapter, a mortgage that has been recorded with any county clerk shall not be deemed invalid or ineffective as constructive notice for failure to include the county of residence or the principal place of business of the mortgagee or holder of the note or other evidence of indebtedness. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 132, sec. 100, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 155, sec. 3, effective July 15, 2010. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4051a.

KRS 382.440 Memorandum of actions affecting real property to be filed

382.440. Memorandum of actions affecting real property to be filed (1) No action, cross-action, counterclaim, or any other proceeding, except actions for forcible detainer or forcible entry or detainer, commenced or filed in any court of this state, in which the title to, or the possession or use of, or any lien, tax, assessment or charge on real property, or any interest therein, is in any manner affected or involved, nor any order nor judgment therein, nor any sale or other proceeding, nor any proceeding in, nor judgment or decree rendered, in a district court of the United States, shall in any manner affect the right, title or interest of any subsequent purchaser, lessee, or encumbrancer of such real property, or interest for value and without notice thereof, except from the time there is filed, in the office of the county clerk of the county in which such real property or the greater part thereof lies, a memorandum stating: (a) The number of the action, if it is numbered, and the style of such action or proceeding and the court in which it is commenced, or is pending; (b) The name of the person whose right, title, interest in, or claim to, real property is involved or affected; and (c) A description of the real property in the county thereby affected. (2) Such notice may be filed by any party in interest. No notice shall extend to the interest of any person not designated therein, nor to any real property or interest except that described therein, and when any amendment is made in the action or proceeding changing the description of the real property, or interest involved or affected, or extending the claim against the property, the party filing such notice shall file a new notice. (3) Where the real property so affected consists of tracts lying in different counties, a separate notice shall be filed in each county as to the tract lying in that county. History: Amended 1944 Ky. Acts ch. 21, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2358a-1.

KRS 382.450 Memorandum of attachment or execution to be filed

382.450. Memorandum of attachment or execution to be filed (1) No attachment or execution, nor any levy or sale under either, shall in any manner affect the right, title to, or interest of a subsequent purchaser, lessee or encumbrancer without notice thereof of any real estate or any interest therein upon which such attachment or execution is levied, except from the time there is filed, as provided in KRS 382.440, a memorandum, showing the number and style of the action in which the attachment or execution issued, the court from which it issued, the number, if any, of such attachment or execution, the date thereof, and the name of the persons in whose favor and against whom it issued. (2) Any of the notices provided for in this section or in KRS 382.440 may be filed by any party in interest. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2358a-2.

KRS 382.460 Notice to be endorsed, recorded and indexed -- Fees

382.460. Notice to be endorsed, recorded and indexed -- Fees (1) The clerk shall number the notices filed under KRS 382.440 and 382.450, in the order in which they are received, shall endorse on each notice the day and hour of the receipt and the name of the person filing it and shall record the same in a book to be kept for that purpose. He shall forthwith index the notices mentioned in KRS 382.440 by their numbers and by the name of each person whose interest is therein stated to be affected, and the notices mentioned in KRS 382.450 by their numbers and by the names of each person against whom the attachment or execution is stated to have issued. (2) For recording each notice mentioned in KRS 382.450 and for the notices mentioned in KRS 382.440 the clerk shall receive a fee pursuant to KRS 64.012 for each tract of land therein separately described. The fees shall be paid in advance, and shall be taxed as part of the costs of the party filing the notices in the action, attachment or execution. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 84, sec. 16, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2358a- 3.

KRS 382.470 Discharge of notice -- Fees

382.470. Discharge of notice -- Fees Any notice mentioned in KRS 382.440 and 382.450 may be discharged and annulled by an entry to that effect on the margin of the record thereof, or at the option of the county clerk, in a marginal entry record kept for the same purpose, signed by the person filing the notice or by his or their attorney of record in the action, or by a writing executed, acknowledged, and recorded in the manner provided for conveyance of land. The clerk shall, at the option of the clerk, either link the discharge and its filing location to its respective referenced instrument in the indexing system for the referenced instrument, or enter a memorandum of such discharge on the margin of such record for which he shall charge a fee pursuant to KRS 64.012, to be paid in advance. Each entry in the marginal entry record shall be linked to its respective referenced instrument in the indexing system for the referenced instrument. Effective: January 1, 2007 History: Amended 2006 Ky. Acts ch. 255, sec. 32, effective January 1, 2007. -- Amended 1982 Ky. Acts ch. 323, sec. 4, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2358a-4.

KRS 382.480 Filing of federal liens

382.480. Filing of federal liens (1) Notices of tax liens payable to the United States and certificates discharging such liens shall be filed by the collector of internal revenue, in duplicate, in the office of the county clerk of each county within which the property subject to the lien is located. (2) When a notice of a federal tax lien is filed, the county clerk shall forthwith enter the same in an alphabetical federal tax lien index, showing on one (1) line the name and residence of the taxpayer named in the notice, the collector's serial number of such notice, the date and hour of filing, and the amount of tax and penalties. He shall endorse on both the original and duplicate copies of the notice the date and hour of filing and shall mail the duplicate to the collector of internal revenue from whom received. The county clerk shall file and keep all original notices so filed, in numerical order, in a file designated "Federal Tax Lien Notices," or in the encumbrance book. (3) Notices of all other liens payable to the United States, including, but not limited to environmental protection liens, and certificates discharging such liens shall be filed, in duplicate, in the office of the county clerk of each county within which the property subject to the lien is located. (4) When a notice of a federal lien as provided by subsection (3) of this section is filed, the county clerk shall forthwith enter the same in an alphabetical federal lien index, showing on one (1) line the name and residence of the property owner named in the notice, identifying the specific lien holder, the date and hour of filing, and the amount of the lien. He shall indorse on both the original and duplicate copies of the notice the date and hour of filing and shall mail the duplicate to the lien holder from whom received. The county clerk shall file and keep all original notices so filed, in numerical order, in a file designated "Federal Lien Notices," or in the encumbrance book. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 343, sec. 2, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4281t- 8, 4281t-9.

KRS 382.490 Discharge of federal liens

382.490. Discharge of federal liens (1) When a certificate of discharge of any tax lien issued by the collector of internal revenue is filed in the office of the county clerk where the original notice of the lien is filed, the county clerk shall enter the certificate, with the date of filing, in the federal tax lien index, on the same line where the notice of the lien so discharged is entered, and shall permanently attach the original certificate of discharge to the original notice of lien. He shall mail the duplicate to the collector of internal revenue from whom received. (2) When a certificate of discharge of any lien as provided by KRS 382.480(3) is filed, the county clerk shall enter the certificate, with the date of filing, in a federal lien index, on the same line where the notice of the lien so discharged is entered, and shall permanently attach the original certificate of discharge to the original notice of lien. He shall mail the duplicate to the lien holder from whom received. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 343, sec. 3, effective July 15, 1988. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4281t- 10.

KRS 382.500 Clerk's fees for filing

382.500. Clerk's fees for filing The county clerk shall be entitled to receive from the Internal Revenue Service a fee pursuant to KRS 64.012 for each notice of tax lien so filed, and a like fee for each lien discharged. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 84, sec. 17, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4281t- 12.

KRS 382.510 Lis pendens notices concerning proceedings in bankruptcy

382.510. Lis pendens notices concerning proceedings in bankruptcy Any county clerk shall receive for record and record any certified copy of any matter in reference to bankruptcy which any Act of Congress of the United States may provide for as being necessary to be filed in the county wherein lands of a bankrupt are situated in order to be notice of said bankruptcy. Such certified copy shall be recorded in the record of deeds and indexed in the general index of deeds in the name of the bankrupt, as grantor, and in the name of the trustee in bankruptcy or receiver (if any), as grantee. The county clerk shall be entitled to a fee pursuant to KRS 64.012 for recording each such certified copy, to be paid by the person who offers the copy for recording. Effective: June 17, 1978 History: Amended Ky. Acts ch. 1978 Ky. Acts ch. 84, sec. 18, effective June 17, 1978. -- Created 1944 Ky. Acts ch. 21, sec. 2.

KRS 382.520 Renewal, extension, interest rate modification, or additional loan under mortgage on real estate -- Superiority of lien -- Release of lien, when

382.520. Renewal, extension, interest rate modification, or additional loan under mortgage on real estate -- Superiority of lien -- Release of lien, when (1) In all cases where a loan is secured by a real estate mortgage, the mortgage originally executed and delivered by the borrower to the lender shall secure payment of all renewals, extensions, or interest rate modifications of the loan and the note evidencing it, whether so provided in the mortgage or not. (2) The mortgage referred to in subsection (1) of this section may secure any additional indebtedness, whether direct, indirect, existing, future, contingent, or otherwise, to the extent expressly authorized by the mortgage, if the mortgage by its terms stipulates the maximum additional indebtedness which may be secured thereby. Except as provided in subsection (3) of this section, the mortgage lien authorized by this subsection shall be superior to any liens or encumbrances of any kind created after recordation of such mortgage, even to the extent of sums advanced by a lender with actual or constructive notice of a subsequently created lien, provided, however, any mortgagee upon receipt of a written request of a mortgagor must release of record the lien to secure additional indebtedness as exceeds the balance of such additional indebtedness at the time of the request. (3) (a) The written request referred to in subsection (2) of this section shall be signed by the mortgagor or his agent or attorney, and shall set forth a description of the real property to which the request relates, the date, parties to, the volume and initial page of the record of the mortgage referred to in subsection (1) of this section, and a description of the nature, amount, and holder of the lien or encumbrance which the mortgagor intends to place upon such real property. The request shall be deemed to have been received by the holder of the mortgage referred to in subsection (1) of this section only when delivered to the holder by certified mail, return receipt requested, at the address of the holder appearing of record on the mortgage or an assignment thereof; (b) If within ten (10) business days after receipt of the written request referred to in this subsection, the holder of the mortgage referred to in subsection (1) of this section fails to release that amount of the lien to secure additional indebtedness to the extent described in the request, the mortgagor may record in the office of the county clerk in which the mortgage referred to in subsection (1) of this section is recorded a copy of the written request upon payment of the same filing fee as provided for a release of a mortgage; (c) If, after a copy of the written request is recorded, an advance is made by the holder of the mortgage referred to in subsection (1) of this section, then the lien of the mortgage for the unpaid balance of the advance so made shall be subordinate to the lien or encumbrance described in the request. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 48, sec. 1, effective June 24, 2015. -- Amended 2014 Ky. Acts ch. 31, sec. 1, effective July 15, 2014. -- Amended 1992 Ky. Acts ch. 49, sec. 2, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 103, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 323, sec. 6, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 168, sec. 1, effective July 15, 1980. -- Amended 1968 Ky. Acts ch. 152, sec. 158. -- Amended 1960 Ky. Acts ch. 89, sec. 1. -- Created 1948 Ky. Acts ch. 196, sec. 1.

KRS 382.600 Repealed, 1960

382.600. Repealed, 1960 Catchline at repeal: Construction of KRS 382.600 to 382.730. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 523b-1, 523b-16, 523b-18.

KRS 382.610 Repealed, 1960

382.610. Repealed, 1960 Catchline at repeal: Personal property that may be mortgaged, rank of mortgage. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Amended 1958 Ky. Acts ch. 77, Art. 10, secs. 10-107. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 523b-1, 523b-4.

KRS 382.620 Repealed, 1960

382.620. Repealed, 1960 Catchline at repeal: Mortgage to secure future advances. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 523b-2.

KRS 382.630 Repealed, 1960

382.630. Repealed, 1960 Catchline at repeal: Priority of mortgage lien. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 5236-3.

KRS 382.635 Repealed, 1962

382.635. Repealed, 1962 Catchline at repeal: Exception to general rule; tobacco crop. History: Repealed 1962 Ky. Acts ch. 83, sec. 21. -- Amended 1960 Ky. Acts ch. 250, sec. 3. -- Created 1958 Ky. Acts ch. 71, sec. 1.

KRS 382.640 Repealed, 1960

382.640. Repealed, 1960 Catchline at repeal: Provisions in mortgage to Federal agency for sale or exchange of mortgaged goods. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 523b-5.

KRS 382.650 Repealed, 1960

382.650. Repealed, 1960 Catchline at repeal: Execution and acknowledgment. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 523b-6.

KRS 382.660 Repealed, 1960

382.660. Repealed, 1960 Catchline at repeal: Affidavit as to consideration not necessary. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 523b-7.

KRS 382.670 Repealed, 1960

382.670. Repealed, 1960 Catchline at repeal: Recording of chattel mortgages. History: Repealed 1960 Ky. Acts ch. 9, sec. 2, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 523b-8.

KRS 382.675 Repealed, 2006

382.675. Repealed, 2006 Catchline at repeal: Recording motor vehicle liens. History: Repealed 2006 Ky. Acts ch. 242, sec. 64, effective July 12, 2006. -- Amended 1962 Ky. Acts ch. 83, sec. 18. -- Created 1958 Ky. Acts ch. 82, sec. 11.

KRS 382.680 Repealed, 1958

382.680. Repealed, 1958 Catchline at repeal: Assignment or discharge; recording of. History: Repealed 1958 Ky. Acts ch. 77, Art. 10, sec. 10-103. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 523b-8, 523b-9, 523b-10, 523b-12, 523b-13.

KRS 382.690 Repealed, 1958

382.690. Repealed, 1958 Catchline at repeal: Waiver or subordination; recording of. History: Repealed 1958 Ky. Acts ch. 77, Art. 10, sec. 10-103. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 523b-9.

KRS 382.700 Repealed, 1958

382.700. Repealed, 1958 Catchline at repeal: Fees for recording. History: Repealed 1958 Ky. Acts ch. 77, Art. 10, sec. 10-103. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 523a-6.

KRS 382.710 Repealed, 1958

382.710. Repealed, 1958 Catchline at repeal: Removal of mortgaged property from county; release of property from mortgage lien. History: Repealed 1958 Ky. Acts ch. 77, Art. 10, sec. 10-103. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 523b-14.

KRS 382.720 Repealed, 1958

382.720. Repealed, 1958 Catchline at repeal: Mortgage invalid after three years unless statement filed; exceptions. History: Repealed 1958 Ky. Acts ch. 77, Art. 10, sec. 10-103. -- Amended 1954 Ky. Acts ch. 24, secs. 1 and 2, effective June 17, 1954. -- Amended 1942 Ky. Acts ch. 150, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 523b-11.

KRS 382.730 Repealed, 1960

382.730. Repealed, 1960 Catchline at repeal: Foreclosure by Federal agencies. History: Repealed 1960 Ky. Acts ch. 250, sec. 5, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 523b- 15.

KRS 382.740 Repealed, 1962

382.740. Repealed, 1962 Catchline at repeal: Filing security interest in motor vehicle. History: Repealed 1962 Ky. Acts ch. 83, sec. 21. -- Created 1960 Ky. Acts ch. 10, sec. 1.

KRS 382.750 Repealed, 1962

382.750. Repealed, 1962 Catchline at repeal: Filing statement that refers to financing statement. History: Repealed 1962 Ky. Acts ch. 83, sec. 21. -- Created 1960 Ky. Acts ch. 11, sec. 1.

KRS 382.760 Repealed, 1962

382.760. Repealed, 1962 Catchline at repeal: County clerk's delivery of statement under commercial code. History: Repealed 1962 Ky. Acts ch. 83, sec. 21. -- Created 1960 Ky. Acts ch. 11, sec. 2.

KRS 382.770 Repealed, 1962

382.770. Repealed, 1962 Catchline at repeal: Requirement that serial number of property be included in financing statement. History: Repealed 1962 Ky. Acts ch. 83, sec. 21. -- Created 1960 Ky. Acts ch. 13, sec. 1.

KRS 382.780 Repealed, 1962

382.780. Repealed, 1962 Catchline at repeal: Requirement that financing statement state debt of $200 or more. History: Repealed 1962 Ky. Acts ch. 83, sec. 21. -- Created 1960 Ky. Acts ch. 13, sec. 2.

KRS 382.790 Repealed, 1962

382.790. Repealed, 1962 Catchline at repeal: Mandatory termination statement. History: Repealed 1962 Ky. Acts ch. 83, sec. 21. -- Created 1960 Ky. Acts ch. 53, sec. 1.

KRS 382.792 Definitions for KRS 382.792 to 382.796

382.792. Definitions for KRS 382.792 to 382.796 As used in KRS 382.792 to 382.796: (1) "Payee" means the person or entity who claims the right to receive or collect a private transfer fee payable under a private transfer obligation; (2) "Private transfer fee" means a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept the transfer, regardless of whether the fee or charge is a fixed amount or is stated as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. A private transfer fee shall not include: (a) Any consideration payable by the grantee to the grantor for the interest in real property being transferred, including any subsequent additional consideration for the property payable by the grantee based upon any subsequent appreciation, development, or sale of the property if such additional consideration is payable on a one (1) time basis only and the obligation to make such payment does not bind successors in title to the property. For the purposes of this paragraph, an interest in real property may include a separate mineral estate and its appurtenant surface access rights; (b) Any commission payable to a licensed real estate broker for the transfer of real property pursuant to an agreement between the broker and the grantor or the grantee, including but not limited to any subsequent additional commission for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development, or sale of the property; (c) Any interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property, including but not limited to any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates, and any shared appreciation interest or profit participation or other consideration and payable to the lender in connection with the loan; (d) Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including but not limited to any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease; (e) Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the real property to another person; (f) Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority; (g) Any fee, charge, assessment, dues, fine, contribution, or other amount payable to a homeowners', condominium, cooperative, mobile home, or property owners' association pursuant to a declaration or covenant or law applicable to such association, including but not limited to fees or charges payable for estoppel letters or certificates issued by the association or its authorized agent; (h) Any fee, charge, assessment, dues, fine, contribution, or other amount imposed by a declaration or covenant encumbering real property, and payable solely to a nonprofit or charitable organization for the purpose of supporting cultural, educational, charitable, recreational, environmental, conservation, or other similar activities benefiting the real property subject to the declaration or covenant or the community in which the real property is located; and (i) Any fee, charge, assessment, dues, fine, contribution, or other amount pertaining solely to the purchase or transfer of a club membership relating to real property owned by the member, including but not limited to any amount determined by reference to the value, purchaser price, or other consideration given for the transfer of the real property; (3) "Private transfer fee obligation" means an obligation arising under a declaration or covenant recorded against the title to real property or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee upon a subsequent transfer of an interest in real property; and (4) "Transfer" means the sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property. Effective: April 11, 2012 History: Created 2012 Ky. Acts ch. 118, sec. 1, effective April 11, 2012.

KRS 382.794 Private transfer fee obligations prohibited -- Liability for damages and costs -- Buyer's waiver of rights void

382.794. Private transfer fee obligations prohibited -- Liability for damages and costs -- Buyer's waiver of rights void On and after April 11, 2012: (1) Private transfer fee obligations, whether recorded or not, shall be prohibited and any contract, covenant, or other instrument that attempts to create a private transfer fee obligation shall be void and unenforceable as against public policy; (2) Any person who records or enters into an agreement imposing a private transfer fee obligation in that person's favor shall be liable for: (a) Any and all damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the real property, including but not limited to the amount of any transfer fee paid by a party to the transfer; and (b) All attorneys fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title. Where an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability shall be assessed against the principal rather than the agent; and (3) Any provision in a contract, covenant, or other instrument that purports to waive the rights of a buyer under this section shall be void. Effective: April 11, 2012 History: Created 2012 Ky. Acts ch. 118, sec. 2, effective April 11, 2012.

KRS 382.796 Conspicuous notice of all fees and obligations to be included in real estate purchase contracts -- Civil remedies -- Buyer's waiver of rights void

382.796. Conspicuous notice of all fees and obligations to be included in real estate purchase contracts -- Civil remedies -- Buyer's waiver of rights void On and after April 11, 2012: (1) Any contract or other instrument used for the sale of real property which obligates the buyer to pay a fee to the seller upon the subsequent resale of the real property, whether the fee or charge is a fixed amount or is stated as a percentage of the value of the property, the purchase price, or other consideration given for the subsequent transfer, shall include a conspicuous provision: (a) Disclosing the existence of the obligation; (b) Describing the obligation; and (c) Stating that private transfer fee obligations, as that term is defined in KRS 382.792, are prohibited under KRS 382.794; (2) A contract or other instrument for the sale of real property subject to the provisions of this section and found not to be in compliance shall be void and shall: (a) Not be enforceable by the seller against the buyer; (b) Not subject the buyer to any liability to the seller for any damages; and (c) Require the seller to return all deposits made in connection with the sale of the real property; (3) If a private transfer fee obligation is not discovered until after title of the property has passed to the buyer, the buyer may recover any and all damages resulting from the failure to disclose the obligation, including but not limited to: (a) 1. The amount of any obligation paid by the buyer to the seller, including interest thereon; or 2. The difference between the market value of the real property if it were not subject to a private transfer fee obligation and the market value of the real property as subject to a private transfer fee obligation; and (b) Attorneys fees, expenses, and costs incurred by the buyer in seeking the remedies under this section; and (4) Any provision in a contract, covenant, or other instrument that purports to waive the rights of a buyer under this section shall be void. Effective: April 11, 2012 History: Created 2012 Ky. Acts ch. 118, sec. 3, effective April 11, 2012. Legislative Research Commission Note (4/11/2012). The internal numbering of subsection (3) of this statute has been modified by the Reviser of Statutes from the way it appeared in 2012 Ky. Acts ch. 118, sec. 3, under the authority of KRS 7.136(1). The words in the text were not changed.

KRS 382.800 Definitions

382.800. Definitions As used in KRS 382.810 to 382.860, unless the context otherwise requires: (1) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. (2) "Holder" means: (a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or (b) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. (3) "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 251, sec. 1, effective July 15, 1988.

KRS 382.810 Creation -- Acceptance and recordation necessary -- Duration -- Preexisting property interest

382.810. Creation -- Acceptance and recordation necessary -- Duration -- Preexisting property interest (1) Except as otherwise provided in KRS 382.810 to 382.860, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. (2) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement shall arise under a conservation easement before its acceptance by the holder and a recordation of the acceptance. (3) Except as provided in KRS 382.820(2), a conservation easement shall be unlimited in duration unless the instrument creating it otherwise provides. (4) An interest in real property in existence at the time a conservation easement is created shall not be impaired by it unless the owner of the interest is a party to the conservation easement or consents to it. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 251, sec. 2, effective July 15, 1988.

KRS 382.820 Actions affecting easements

382.820. Actions affecting easements (1) An action affecting a conservation easement may be brought by: (a) An owner of an interest in the real property burdened by the easement; (b) A holder of the easement; (c) A person having a third-party right of enforcement; or (d) A person authorized by other law. (2) KRS 382.810 to 382.860 shall not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 251, sec. 3, effective July 15, 1988.

KRS 382.830 Validity of easement

382.830. Validity of easement A conservation easement shall be valid even though: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to another holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder; (6) The benefit does not touch or concern real property; or (7) There is no privity of estate or of contract. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 251, sec. 4, effective July 15, 1988.

KRS 382.840 Applicability and effect

382.840. Applicability and effect (1) KRS 382.800 to 382.860 shall apply to any interest created after July 15, 1988, which complies with KRS 382.800 to 382.860, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. (2) KRS 382.800 to 382.860 shall apply to any interest created before July 15, 1988, if it would have been enforceable had it been created after July 15, 1988, unless retroactive application contravenes the constitution or laws of this state or the United States. (3) KRS 382.800 to 382.860 shall not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 251, sec. 5, effective July 15, 1988.

KRS 382.850 Transfer of easement -- Effect on mining operations and on eminent domain powers -- Definition of "feasible alternative location" -- Requirement to demonstrate lack of feasible alternative location in certain eminent domain actions

382.850. Transfer of easement -- Effect on mining operations and on eminent domain powers -- Definition of "feasible alternative location" -- Requirement to demonstrate lack of feasible alternative location in certain eminent domain actions (1) As used in this section, "feasible alternative location" means a location that: (a) Impacts the same property but does not impact the conservation easement on the property; and (b) Does not materially increase the cost of the project. (2) A conservation easement shall not be transferred by owners of property in which there are outstanding subsurface rights without the prior written consent of the owners of the subsurface rights. (3) A conservation easement shall not operate to limit, preclude, delete, or require waivers for the conduct of coal mining operations, including the transportation of coal, upon any part or all of adjacent or surrounding properties; and shall not operate to impair or restrict any right or power of eminent domain created by statute, and all such rights and powers shall be exercisable as if the conservation easement did not exist. (4) (a) Notwithstanding subsection (3) of this section, in a condemnation action under the Eminent Domain Act of Kentucky, KRS 416.540 to 416.670, involving privately owned property that is subject to a conservation easement, the condemnor shall provide a sworn written report to the court justifying the condemnation of the specific property at issue due to the lack of feasible alternative locations to satisfy the purpo ses of the project unless the condemnation action: 1. Is initiated by a city, county, municipal utility, investor -owned utility, utility cooperative, water district, or water association; and 2. Involves easements for utilities that do not interfere with agricultural operations or result in a taking of agricultural infrastructure. (b) If the court, in its discretion, determines that the report does not demonstrate a lack of feasible alternative locations to s atisfy the purposes of the project, the condemnation action shall be dismissed in accordance with KRS 416.610(4). (5) This section shall not prevent a property owner from: (a) Challenging the necessity of condemnation for the project; or (b) Offering additional feasible alternative locations to satisfy the purposes of the project. Effective: April 13, 2026 History: Amended 2026 Ky. Acts ch. 112, sec. 1, effective April 13, 2026. -- Created 1988 Ky. Acts ch. 251, sec. 6, effective July 15, 1988.

KRS 382.860 Application and construction -- Uniformity of interpretation

382.860. Application and construction -- Uniformity of interpretation KRS 382.800 to 382.860 shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to conservation easements among states enacting them. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 251, sec. 7, effective July 15, 1988.

KRS 382.990 Penalties

382.990. Penalties (1) Any grantor of a deed or any holder of a note who lodges for record a deed, instrument, or deed assigning a note or a deed of release or an instrument wherein there is a release, and any county clerk or deputy county clerk who receives and permits to be lodged for record any such instrument or deed contrary to the provisions of KRS 382.110, 382.120, 382.290, or 382.360, shall be guilty of a violation; the clerk or deputy who actually receives and files the instrument for record shall incur the penalty, but no clerk or deputy shall be fined because of any false or erroneous statement in the instrument filed. (2) Any person who willfully and fraudulently makes affidavit to any statement mentioned in KRS 382.120, which is false, knowing the statement to be false, shall be guilty of a Class A misdemeanor, and in addition shall be liable to any person who may be injured by the making, filing, recording, or use of the affidavit. (3) Any person who causes to be recorded in a county clerk's office a deed, deed of trust, or mortgage in violation of KRS 382.330, or fails to file the statement required by KRS 382.380, shall be guilty of a Class A misdemeanor. (4) Any county clerk who records a deed or mortgage in violation of KRS 382.330 shall be guilty of a violation. (5) Any county clerk who, by himself or deputy, fails to perform any duty enjoined upon him by any of the provisions of KRS 382.110, 382.160, 382.180 to 382.200, 382.210, 382.250, 382.300 to 382.320, 382.360, or 382.370 shall be guilty of a violation. (6) Any person who knowingly and intentionally gives a false name or address in any instrument or assignment mentioned in KRS 382.430, shall be guilty of a Class A misdemeanor. (7) Any county clerk who fails to perform his duties under KRS 382.430, shall be guilty of a violation. (8) Any person who willfully and fraudulently gives a false statement as to the full actual consideration of property or the full estimated value under KRS 382.135, shall be guilty of a Class D felony. (9) Any mortgage holder that fails to file a deed in lieu of foreclosure pursuant to KRS 382.110(9) shall be guilty of a violation. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 44, sec. 2, effective July 12, 2012. -- Amended 1992 Ky. Acts ch. 463, sec. 44, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 411, sec. 5, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 495, 495a-3, 498, 498a, 511a-3, 522, 4051a.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39156Fetched: 10/20/2026