Deed and Miscellaneous Recordings

Deed Book

 


Affidavit of Conversion to Real Estate

County Clerk’s Procedures KRS 186A.297:

County Clerk examines the Title document for lien notations, inquires into AVIS to assure that it is the most current Title and that no liens are present. If the Title document has unreleased liens in AVIS, the Affidavit of Conversion cannot be accepted for filing unless it is accompanied by a Lien Termination Statement.

Existing Mobile Home for Which a Title Has Not Been Issued:

  1. County Clerk uses the existing procedure for securing a Title to a mobile home for which a title has never been issued
  2. Owner executes application for title
  3. Owner executes affidavit attesting to source of ownership, length of ownership, etc, and attaches any other ownership documents such as a Bill of Sale, Tax Bill, etc., which will accompany application of Title.

When title is issued by Transportation, follow the procedure for filing the Affidavit of Conversion to Real Estate.

New and Out-of-State Mobile Homes

Owner submits application for a Kentucky Certificate of Title and surrenders the certificate of Origin or the out-of-state Title Document.

When Title is issued by Transportation, follow procedure for filing the Affidavit of Conversion to Real Estate.

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Affidavit of Descent or Affidavit of Heirship

Filed when a person dies intestate or without a will-KRS 382.120

Document must be signed by the affiant and signature notarized-KRS 382.130

The affidavit, per KRS 382.120 must have:

  1. Name of the deceased (ancestor)
  2. Date of the deceased (ancestor’s) death
  3. The marital status of the deceased (ancestor) and, if married the name of the surviving spouse and his or her mailing address
  4. The place of residence of the deceased (ancestor) at the time of death
  5. The fact that the deceased (ancestor) died intestate (without a will)
  6. The names, ages and address, as far as is known, of each heir at law and next of kin who by the ancestor’s death inherited such real property and the relationship of each to the deceased (ancestor) and the interest in such real property inherited by each
  7. Preparation Statement KRS 382.335(1)

The clerk shall request a return mail address-KRS 382.240

The affidavit shall be filed with the clerk of the county in which the property is situated. It shall be recorded in the record of deeds and indexed in the General Index of Deeds, in the name of the deceased (ancestor) and the affiant as the first party and in the name of each receiver (heirs at law and next of kin) as the second party, in the same manner as if such named occurred in a deed of conveyance from the deceased (ancestor) to the heirs at law.

OAG 91-165 clarifies Affidavit of Descent- An Affidavit of Descent must be filed when a grantor conveys property that the grantor has acquired under the laws of descent. An Affidavit of Descent merely supplies a source of title for the grantor. Since the grantor’s deed to the grantee must include a statement of value, there is no need for the Affidavit of Descent also to contain such a statement.

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Affidavit of Real Property Transfer under Will or Intestate Succession

KRS 382.135

This document is filed by the personal representative of the estate prior to the closing of the estate. It is filed when property is transferred by a will or intestate succession (without a will). Refer to KRS 382.135(4).

The affidavit, per KRS 382.135(4), must include:

  1. Name of the deceased
  2. Names and addresses of persons receiving (the grantees) each property passing by will or intestate succession. AND
  3. The full or fair market value of each property as estimate or established for any purpose in the handling of the estate. OR
  4. A statement that no such values were estimated or established. KRS 382.135(4)(b)
  5. Signature by the personal representative. KRS 382.135(4) & CR 43.13
  6. Signature notarized. KRS 382.130
  7. Document should list the properties being transferred by either address or legal description or both. Common Law & OAG 81-100
  8. The Will Book reference is required if the transfer is the result of a will. KRS 382.110
  9. The Deed Book reference is required if the transfer is the result of an intestate succession. KRS 382.110
  10. Preparation Statement. KRS 382.335

The clerk shall request a return mail address. KRS 382.240

The document must be filed in the county clerk’s office of the county where the property is located (or the greater part). KRS 382.110

The document is recorded in the deed book and indexed in the General Index of Deeds. Index the deceased and the affiant as the first party, index the receiver or heirs as the second party.

OAG 91-165 clarifies Affidavit of Real Property under Will- The 1990 General Assembly provided for statements of value to be contained in a similar document relating to transfers by will or by intestacy. Under KRS 382.135, the personal representative of an estate is required to file an affidavit setting forth the property interests transferred, the value of the interests, and the names and addresses of the persons receiving the property.

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Amendment

Filing requirements:

  1. File number of the initial financing statement
  2. Name of the debtor
  3. Name of the secured party
  4. Proved a description of the real property (if collateral is added)

KRS 355.9-510(1) states “A filed record is effective only to the extent that it was filed by a person that may file in under KRS 355.9-509” If there is more than one (1) secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment. KRS 355.9-509(5) A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record. KRS 355.9-510(2)

Our duty is to record the document if it meets the recording requirements.

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Assignments

An initial financing statement may reflect an assignment of all of the secured party’s power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party. KRS 355.9-511, 355.9-514.

A secured party of record may assign all or part of its power to authorize an Amendment to a financing statement by filing in the filing office an Amendment of the financing statement which: KRS 355.9-514

  1. Identifies the file number of the original filing
  2. Provides the name of the assignor;
  3. Provides the name and mailing address of the assignee

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Assignment of Mortgage

An Assignment is an instrument in which a mortgage holder transfers his interest in a mortgage to another.

The document must have the following information:

  1. First party (assignor) KRS 382.290
  2. Second party (assignee) and their mailing address KRS 382.290(5), 382.430(2), 382.335
  3. Name of the party(ies) that executed original mortgage KRS 382.290
  4. The mortgage book and page reference where the mortgage is lodged for record KRS 382.290
  5. Preparation Statement. KRS 382.335

The clerk shall request a return mail address. KRS 382.240

The document must be signed by the assignor and notarized. KRS 382.290(2)

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Assignments of Rents and/or Leases

Deed Signing

The document must have the following information:

  1. Name of the borrower, lessor, assignor. KRS 382.430, 382.200
  2. Name and address of the lender, assignee. KRS 382.290(2), 382.335(2)
  3. Source of title. KRS 382.110
  4. Legal description. Common Law and OAG 81-100
  5. Maturity date. OAG 80-3 & KRS 382.330
  6. Preparation Statement. KRS 382.335

The clerk shall request a return mail address. KRS 382.240

The borrower must sign the document, and the signature must be notarized.

This document is filed when a borrower uses fees collected under rental or lease agreements as additional security for a mortgage. When it is filed simultaneously with a mortgage, the mortgage should be timed in first. KRS 289.441

Statutes covering Assignments of Rents/Leases- KRS 289.441, 304.7-230

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Condominium Deed

KRS 381.810

The document must have the following:

  1. First party and their mailing address KRS 382.135(1), 382.200
  2. Second party and mailing address KRS 382.135(1), 382.200
  3. Description (unit number, condo name, etc) KRS 381.840
  4. State that the property is a “condominium unit” KRS 381.840
  5. Source of title must include the book and page reference to the master deed and the cabinet and slide to the floor plan KRS 381.840, 381.835
  6. Preparation Statement KRS 382.335
  7. Consideration Certificate KRS 382.135 (on deeds signed after 7-13-1990)

The clerk shall request a return mail address KRS 382.240

The grantors must sign the deed and the signatures must be notarized. The grantor and grantee must sign the sworn Consideration Statement the signatures must be notarized. KRS 382.135, 382.130. The document must be filed in the County Clerk’s Office of the county where the property is located (or the greater part). KRS 382.110

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Contract for Deed

Document must have:

  • Name of the seller (KRS 382.200)
  • Name of the buyer and their mailing address (KRS 382.335)
  • Legal description of the property (Common Law & OAG 81-100)
  • Source of title (KRS 382.110)
  • Preparation Statement (KRS 382.335)

The clerk shall request a return mail address (KRS 382.240). This Document must be signed and notarized by both parties.

Transfer tax is then collected on the deed. It is not collected on the contract. Legal process tax is collected because the land contract is analogous to a mortgage and a conveyance has occurred.

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Continuation Statement

A Continuation Statement may be filed only within six (6) months before the expiration of the 5-year period. KRS 355.9-515(4). The Continuation Statement lasts for five years from the original file date. The continuation will lapse unless another continuation is filed. The original file date is always the key date as it relates to a lapsed filing or as it relates to the six-month period before a continuation can be filed.

Filing requirements:

  • File number of the initial financing statement
  • Name of the debtor
  • Name of the secured party

A continuation statement that is not filed within the six-month period as noted above is ineffective. KRS 355.9-510(3).

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Declaration of Trust

The document must have:

  • Individual who is establishing the trust
  • Name of the trust and/or the trustee
  • The trustee
  • Preparation Statement (KRS 382.335)

The clerk shall request a return mail address (KRS 382.240). The document may or may not be notarized. The document is to be filed with the Secretary of State’s office and the County Clerk’s Office. (The statute does not make any reference to which document is to be filed first. The statute does not refer to a file stamped copy.)

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Deed

Deed

Recording of Deeds, KRS 382.110

The document must have:

  • First party (seller, grantor) and their mailing address (KRS 382.135, KRS 382.200)
  • Second party (buyer, grantee) and their mailing address (grantee’s mailing address required on all deeds signed or acknowledged after July 1, 2970)(KRS 382.135, KRS 382.200)
  • Consideration statement (KRS 385.135)(on all deeds signed after 07-13-1990)
  • Legal description (Common Law and OAG 81-100)
  • Source of title (KRS 382.110)
  • Preparation Statement (KRS 382.335)
  • Return mail address (KRS 382.335 & KRS 382.240)

The grantor must sign (execute) the deed and the signatures must be notarized. The grantor (or agent) and grantee (or agent) must sign a sworn Consideration Statement and the signatures must be notarized. (KRS 382.135 & KRS 382.130) The document must be filed in the County Clerk’s Office of the county where the property is located (or the greater part). KRS 382.110

Transfer tax is collected on the consideration in the deed per KRS 142.050. The tax is computed at the rate of $.50 for each $500 of value or fraction thereof. The transfer tax applies to the value listed in the deed and is imposed upon the grantor. KRS 142.050(7) lists the types of deeds that are exempt from this tax.

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Deed of Correction

A Deed of Correction may be prepared to clear up a defect in title or to correct a mistake. An example may be the number of acres, or a source of title. A Deed of Correction does not covey interest in land. It is important to note that the original grantor and grantee must be the same in a Deed of Correction. One cannot add, remove or change a grantor or grantee in a Deed of Correction. If the deed includes any other parties, it is NOT a deed of correction.

Recording of Deeds, KRS 382.110

The document must have:

  • First party (seller, grantor) and their mailing address (KRS 382.135, KRS 382.200)
  • Second party (buyer, grantee) and their mailing address (KRS 382.135, KRS 382.200)
  • Legal description (Common Law and OAG 81-100)
  • Source of title (KRS 382.110)
  • Preparation statement (KRS 382.335)
  • Return mail address (KRS 382.335 & KRS 382.240)

The reason for the correction must be apparent.

The document must state that it is a Deed of Correction and must refer to the deed it is correcting.

A Deed of Correction does not require a Consideration Statement if the deed corrects errors in previous deeds conveying the same property form the same grantor to the same grantee. (KRS 382.135(2)(e).

The grantor must sign the deed and the signatures must be notarized. (KRS 382.130) The document must be filed in the County Clerk’s Office of the county where the property is located (or the greater part). KRS 382.110

Transfer tax would only be collected if the consideration amount has been changed. Transfer tax is collected on the consideration in the deed per KRS 142.050. The tax is computed at the rate of $.50 for each $500 of value or fraction thereof. The transfer tax applies to the value listed in the deed and is imposed upon the grantor. KRS 142.050(7) lists the types of deeds that are exempt from this tax. If the consideration has changed, a consideration certificate is required and the grantor and grantee must sign with signatures notarized.

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Deed of Easement

Definition (Black’s Law Dictionary): A right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no matter who the owner was, rather than for the benefit of a specific individual...

A right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property in the owner.

An interest which one person has in the land of another. A primary characteristic of an easement is that its burden falls upon the possessor of the land from which it issued and that characteristic is expressed in the statement that the land constitutes a servient tenement and the easement a dominant tenant...

Document must have:

  • Name of the grantor (KRS 382.200)
  • Name of the grantee and their mailing address (KRS 382.135, KRS 382.200)
  • Consideration statement signed by both parties and notarized (KRS 382.135)
  • Legal description (Common Law and OAG 81-100)
  • Address of each parcel
  • Source of title (KRS 382.110)
  • Preparation Statement (KRS 382.335)
  • Return mail address (KRS 382.335 & KRS 382.240)

Document must be:

  • Signed and notarized in the same manner as a deed
  • Grantor must sign the easement and signatures must be notarized
  • Grantor and grantee must sign the consideration statement and signatures must be notarized

*Documents that convey only utility easements do not require a consideration certificate

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Deed of Release

The document must have the following:

  • Name of the person or entity releasing the obligation (KRS 382.200)
  • Name of the individual or entity being released (KRS 382.200)
  • The mortgage book and page reference being released, or the deed book and page in the case of a vendors lien (KRS 382.360)
  • Partial releases require a description of the property being released (KRS 382.360)
  • Release must state whole or partial release (KRS 382.360)
  • Preparation Statement (KRS 382.335)
  • The document must be returned by the clerk to the mortgagor, grantor or person entitled thereto (effective 07-12-06 KRS 382.360(2))
  • The clerk shall request a return mail address (KRS 382.240)

Document must be signed by the party or parties executing the release and the signature notarized

Important Note: Per KRS 382.290(6) 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, and deed or instrument of writing that does not comply with the provisions of this section. Meaning a release shall not be lodged with the clerk or deputy clerk without first verifying the release is from the legal holder, and the book and page of the document to be released, is the correct document.

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Deed of Restrictions

Document is filed in the Deed Book or the Condominium Deed Book (if it applies to a condominium and a separate Deed Book is maintained).

Document must have:

  • A description of the property the restrictions are being placed upon. This is usually not a legal description. Normally the subdivision name and unit number and the plat reference, or for a tract of land, the address and/or legal reference and whether the restrictions apply to all units or to specific units within the condominium complex.
  • Preparation Statement
  • The clerk shall request a return mail address

The document must be signed by the person or entity imposing the restrictions on the property and the signature notarized.

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Deed Quit Claim

A Quitclaim deed is defined as follows:

A Deed of Conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises, but not professing that such titles is valid, nor containing any warranty or covenants for title. Black’s Law Dictionary

The purpose is for an individual to convey away any real or perceived interest in a piece of real estate and can encompass one property or all property in the county.

You do not receive the legal assurance of the general warranty of title when a Quitclaim Deed is used

Recording requirements:

  • All the recording requirements for deeds are the same for a quitclaim deed with the exception of a specific source of title.
  • A Statement of Consideration is required.
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Federal Tax Lien Release

The IRS prepares these documents. The releases are filed per KRS 382.490.

The release must be prepared by the IRS or appropriate U.S. government entity. The release must be signed.

The liens and releases must be linked in the applicable index per KRS 382.480, KRS 382.490.

The county clerk shall file and retain all Federal Tax Lien notices. 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.

382.490 Discharge of Federal Liens

  • 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 for lien. He shall mail the duplicate to the collector of internal revenue form whom received.
  • 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 for 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.

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Land Use Restrictions

Filed by Planning Commission to show Land Use Restrictions, including Variances, Conditional Use Permits and Conditional Zoning Permits, Plats and Development Plans, per KRS 100.3681.

Filed in counties containing a Planning Commission.

The document must be in the format stated in KRS 100.3683.

The County Clerk must maintain a record of the name and address of the agency having custody of the official zoning map for each planning unit within the county.

The documents are filed in the Land Use Restriction Book.

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Lease

The document must have the following information:

  • Name of the lessor (KRS 382.200)
  • Name of the lessee and their mailing address (KRS 382.335 & KRS 382.200)
  • Legal description (Common Law and OAG 81-100)
  • Preparation statement (KRS 382.335)

The clerk shall request a return mail address (KRS 382.240). Both parties must sign the document and the signatures must be notarized. (KRS 382.130)

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Legal Process Tax

Deed Process

KRS 142.010

This tax must be collected prior to the recording of the following land record documents as part of the filing fee:

  • A tax of four dollars ($4) on each Power of Attorney to convey real or personal property
  • A tax of four dollars ($4) on each mortgage, financing statement, or security agreement
  • A tax of four dollars ($4) on each conveyance of real property
  • A tax of four dollars ($4) on each lien or conveyance of coal, oil, gas, or other mineral rights or privilege

Relating to real property, this tax is to be collected when a conveyance occurs. Included are the following: Deeds, Mortgages, Contract for Deed, Land Contracts, Mineral Lease, Real Estate Lease, Assignments of Rents, Easement, Power of Attorney, Property Bond, Original Fixture Filing.

Legal process tax is NOT collected on documents such as: Assignments, Releases, Easement Releases, Deed of Restriction, Land Use Restriction, Plat, Master Mortgage, Real Estate Options, Power of Attorney Revocation. These are not all-inclusive lists, but information gathered from Attorney General Opinions.

Legal process tax is not paid on a Deed of Correction, because the fee was paid in the initial recording.

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Military Power of Attorney

Instruments To Be Given Legal Effect Without Regard to State Law-

A Military Power of Attorney-

(1) is exempt from any requirement of form, substance, formality, or recording that is provided for Powers of Attorney under the laws of a State; and

(2) shall be given the same legal effect as a Power of Attorney prepared and executed in accordance with the laws of the State concerned

(b) Military Power of Attorney- for purposes of this section, a Military Power of Attorney is any General or Special Power of Attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law.

(c) Statement to be included- (1) Under regulations prescribed by the Secretary concerned, each Military Power of Attorney shall contain a statement that sets forth the provisions of subsection (a)

(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a Military Power of Attorney that does not include a statement described in that paragraph.

(d) State defined- In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.

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Mortgage Modification/Extension or Mortgage Amendment

The document must have:

  • First party (mortgagor, borrower) (KRS 382.200)
  • Second party (mortgagee, lender) and their mailing address (KRS 382.335 & KRS 382.430, 382.200)
  • State the book and page of the original mortgage. (KRS 382.290 & KRS 385.385(4))
  • Description of the modification (ex: decrease in the mortgage amount or changing the maturity date) (KRS 382.385(4) & KRS 413.100)- These are the only two items that can occur in a mortgage amendment, modification or extension.
  • Preparation statement (KRS 382.335)

The clerk shall request a return mail address (KRS 382.240)

Document must be:

  • Signed by the borrower (mortgagor) (OAG 94-32)
  • Signatures must be acknowledged (notarized) (KRS 382.130).
  • Filed in the County Clerk’s office of the county where the property is located, or the greater part. (KRS 382.110)

Revolving credit accounts do not require a maturity date. (KRS 382.330)

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Partnerships

Partnership agreements or certificates are filed with the Secretary of State first, then with the County Clerk.

The document must have the stamp of the Secretary of State on it in order to be filed at the county level, per KRS 362.425 (2)(c). The person presenting the partnership to the Secretary of State should present two copies—one is filed there and one stamped as having been filed. This copy is then recorded in the County Clerk’s Office in the county where the partnership maintains an office, per KRS 362.407.

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Power of Attorney

Power of Attorney

Filing requirements for a Power of Attorney to convey or release property are the same as required for recording a deed KRS 382.370.

Document must have the following information:

  • Name of the person granting the Power of Attorney (grantor)
  • Name of the receiving the Power of Attorney (grantee)
  • The clerk shall request a return mail address

Document must be:

  • Signed by the grantor
  • Notarized
  • Preparation statement is not required

There are two types:

  • General-which grants full power
  • Specific-allows only a specific act or acts

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Power of Attorney Revocation

The document has the same requirements as a Power of Attorney.

Document must have the following information:

  • Name of the person revoking the Power of Attorney
  • Name of person being removed from the Power of Attorney
  • The clerk shall request a return mail address

Document must be:

  • Signed by the person revoking the Power of Attorney
  • The signature must be acknowledged
  • A preparation statement is not required

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Prenuptial Agreement

This document is entered into by two parties entering a marriage that decide how property and assets will be distributed in the event of a divorce or death of one of the parties. KRS 382.080

The document must have:

  • First party and their mailing address (KRS 382.200)
  • Second party and their mailing address (KRS 382.200 & KRS 382.335)
  • Preparation Statement (KRS 382.335)
  • The clerk shall request a return mail address (KRS 382.240)
  • Document must be signed and notarized by both parties (KRS 382.130)

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Release

AKA Deed of Release, Satisfaction of Mortgage, Discharge of Mortgage (KRS 382.360, KRS 382.290)

The document must have the following:

  • Name of the person or entity releasing the obligation (KRS 382.200)
  • Name of the individual or entity being released (KRS 382.200)
  • The Mortgage Book and Page reference being released, or the deed book and page in the case of a vendors lien. (KRS 382.360)
  • Partial releases require a description of the property being released (KRS 382.360)
  • Release must state whole or partial release (KRS 382.360)
  • Preparation Statement (KRS 382.335)

The clerk shall request a return mail address (KRS 382.240)

Document must be signed by the party or parties executing the release and the signature(s) notarized. (KRS 382.360 & 382.290)

NOTE: Blanket releases, which release more than one reference, the clerk shall collect a fee for each additional reference for indexing the notation per KRS 64.012, KRS 382.290.

IMPORTANT: Per KRS 382.290(6) 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. Meaning a release shall not be lodged with the clerk or deputy clerk without first verifying the release is from the legal holders, and the book and page of the document to be released is the correct document. See Penalties sections KRS 382.990.

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Subordination Agreement KRS 382.385(3)

This document is recorded to establish the priority of mortgages and is filed in the Mortgage Book. This document is a written agreement between two lenders. The mortgagor (borrower) does NOT sign this document.

The document must have the following:

  • Name of the subordinating lender (KRS 382.200 & KRS 382.340)
  • Name of the superior lender (KRS 382.335)
  • Description of mortgage being subordinated, i.e. original mortgage book and page reference (sometimes the legal description is included, but not required. Common Law and OAG 81-100)
  • Signature of the subordinating lender
  • Signature must be notarized (KRS 382.130)
  • Preparation Statement (KRS 382.335)

The clerk shall request a return mail address (KRS 382.240)

KRS 382.290 states that only the legal holder of a mortgage can release or assign a mortgage, therefore, the same must apply to a subordination agreement. The legal holder of the mortgage is the only signature that is required on this document. Since the agreement is between two lending parties, the borrower does not need to sign the document.

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