Encumbrances

Legal Documents

Requesting a copy of a document filed with the County Clerk's Office *must* be sent to us in writing. It will need to include the name of grantor/grantee along with the book and page number and recorded date. All copies are $1.50 excluding mortgages and certified copies. Mortgages are $5.00 and certified copies are $5.00 for the first three pages and $.50 each additional page.

Assessment Lien

The statutes address various city assessments that may constitute a lien if filed and recorded. These liens include improvement assessments, sewer and sanitation assessments, general assistance receipts, code enforcement, public improvements and ordinance-related liens. Many of the statutes are based on the class of city. The statutes include: KRS 65.8835, KRS67A.795, KRS 67A.889, KRS 76.170, KRS 76.241, KRS 98.013, KRS 107.160, KRS 381.770, and KRS 381.780.

The document must be:

  • Signed by the person or entity asserting the lien or their attorney or agent
  • Signature does not need notarization

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Attorney Liens

The following list of liens are recorded and indexed as a mechanics lien: Attorney’s Lien (KRS 376.460); Agister’s Liens (liens on horses, cattle, livery stable)(KRS 376.400, 376.410, 376.420); Veterinary Liens (KRS 376.476, 376.475); Liens on Motor Vehicle Repairs and Storage (KRS 376.270); Motor Vehicle for Storage or Towing Charges (KRS 376.275); & Lien for Work and Supplies on Equipment, Machinery and Motors (KRS 376.440, 376.445)

These are filed when payment for building repair, storage or services has not been made. These are filed per KRS 376.010 and 376.080.

The document must have the following:

  1. The name and address of the claimant (asserting the lien) KRS 376.080
  2. The name of the contractor, subcontractor or authorized agent and the property owner (the person(s) whom the line is asserted against) KRS 376.010 & 376.080
  3. The lien is filed against the owner of the property and their name must be listed. KRS 376.080
  4. Description of property has to be specific enough to identify the property (an address on real property) KRS 376.080
  5. The lien must state the amount due and whether the services were performed by a contract with the owner or with contractor or subcontractor. KRS 376.010 & 376.080
  6. Preparation Statement. KRS 382.335

The clerk shall request a return mail address. KRS 382.240. The person claiming the lien or someone on his behalf must sign the lien. The signature must be notarized and the notary format must be subscribed and sworn to in order for the lien to be valid. KRS 376.080

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Bail Bonds

Filed in the Encumbrance Book. Filed when a property owner pledges his property as surety to secure the release of a prisoner from jail.

Once the property bond has been filed the Commonwealth of Kentucky has a lien on the property. KRS 431.535(5) The document must have:

  1. The owner of the property being pledged as surety. This is sometimes the person charged with the crime, but usually it will not be. KRS 431.535
  2. Address and/or legal description of the property being used as surety. KRS 431.535
  3. The copy of the bond and schedule of real estate being filed must be certified by the Circuit Clerk of Court requiring the bond. KRS 431.535

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Child Support Lien- In State

KRS 205.745 A lien filed in favor of the Cabinet for Human Resources against all real and personal property of the obligor. This lien is to be filed as a Lis Pendens and only in the Real Estate Records of the County Clerk’s Office.

The document is filed in the county where the obligor lives.

The document must have:

  1. The entity asserting the lien
  2. The person or persons upon whom interest in the property the lien is being filed against (obligor)
  3. The document must state the action number and the court in which the action is pending
  4. Preparation Statement KRS 382.335

The clerk shall request a return mail address KRS 382.240

Document must be:

  • Signed by the person or entity asserting the lien or their attorney or agent.
  • The signature does not need to be notarized.

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Child Support Lien-Out-of-State

Child Support

KRS 205.7785 A lien to enforce a child support obligation, which is created in another state, shall be enforceable against all real and personal property of the obligor located in this state. This lien is to be filed as a Lis Pendens and only in the Real Estate Records of the County Clerk’s Office in the county or counties where property of obligor exists.

The document must have:

  1. The person or entity asserting the lien (the person or entity must have the authority to file the lien)
  2. The authority’s signature must be certified (acknowledged or notarized)
  3. The person or persons upon whose interest in the property the lien is being filed against
  4. The document must state the action number and the court in which the action is pending
  5. Preparation Statement KRS 382.335

The clerk shall request a return mail address. KRS 382.240. Document must be:

  • Signed by the person or entity asserting the lien or their attorney or agent.
  • The signature does not need to be notarized.

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Drug Lien

Within seventy-two (72) hours after the seizure of a controlled substance, law enforcement will notify the Revenue Cabinet in writing of each seizure if the tax imposed by KRS 138.872 has not bee paid as evidenced by the absence of the tax stamps, labels, or other official tax indicia required to be affixed to the control substance.

Recording requirements:

  • The name, address, and Social Security number of the person from whom the seizure was made
  • The type and quantity of the items seized
  • Any information developed during the course of the investigation regarding any real or personal properties owned by the person from whom the seizure was made
  • Other information the Revenue Cabinet may require to facilitate the assessment and collection of the tax due pursuant to KRS 138.872

The lien will be in favor of the Commonwealth Revenue Cabinet. Place of recording:

  • The County Clerk of the county in which the seizure was made
  • The County Clerk of the county in which the person from whom the seizure was made resides if different from the county in which the seizure was made
  • The County Clerk of any other county in which the police agency reasonably believes the person from whom the seizure was made owns real or personal property

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Federal Tax Liens

The IRS prepares these documents. The liens are filed against the taxpayer per KRS 382.480. The specific statute is printed below. This Document must be:

  • Signed by the appropriate IRS agent
  • Do no require notarization

382.480 Filing of Federal Liens

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.

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 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.

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.

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 a alphabetical federal lien index, showing on one (1) line the name and residence of the property owner name in the notice, identifying the specific lien holder, the date and hour of filing, and the amount of the lien. 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 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.

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Guardianship or Conservatorship for Disabled Persons

KRS 387.590 TYPES OF GUARDIANS AND CONSERVATORS TO BE APPOINTED; ORDER OF APPOINTMENT; FILING OF JUDGEMENT AND ORDER; LEGAL DISABILITIES

When the District Court has appointed a guardian or a conservator, the County Clerk shall index this document as a Lis Pendens would be indexed.

The District Court shall provide a certified or attested copy of the order to the County Clerk. Unless the judgment is filed and indexed, it shall not constitute notice to purchaser for value, mortgage or encumbrance.

Recording requirements include a certified copy of:

  • Order of Appointment of Guardian (Form # AOC-775); or
  • Order of Appointment of Conservator (Form # AOC-770)

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

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Judgment Lien

The document must have the following:

  • Name of the person or entity bringing the action (KRS 426.720 & KRS 382.440)
  • Name of the person or entity the judgment is against (KRS 426.720 & 382.440)
  • Amount of the judgment, including principal, interest rate, court costs and attorney fee (KRS 426.720)
  • Court of record entering the judgment (KRS 426.720)
  • Civil action number of the case (KRS 426.720)
  • The judgment must include the language of KRS 427.060 & KRS 426.720(3) (see below)
  • The judgment creditor or his counsel shall certify on the notice of judgment lien that a copy of the judgment lien has been mailed to the judgment debtor in compliance with subsection (3) KRS 426.720
  • Preparation statement (KRS 382.335)

The clerk shall request a return mail address (KRS 382.240). The document must be:

  • Signed by the judgment creditor or his attorney
  • Signature does not need notarization

Required working from KRS 426.720 as follows “Notice to Judgment Debtor. You may be entitled to an exemption under KRS 427.060, reprinted below. If you believe you are entitled to assert an exemption, seek legal advice.”

KRS 427.060 reads as follows:

In addition to any exemption of personal property, an individual debtor’s aggregate interest, not to exceed $5,000 in value, in real or personal property that such debtor or a dependent of such debtor uses as a permanent residence in this state, or in a burial plot for such debtor or a dependent of such debtor is exempt from sale under execution, attachment or judgment, except to foreclose a mortgage given by the owner of a homestead or for purchase money due thereon. This exemption shall not apply if the debt or liability existed prior to the purchase of the property or the erection of the improvements thereon.

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Lis Pendens

Leagal Papers

KRS 382.440

Lis Pendens means a pending suit. The notice of Lis Pendens is filed on the public record for the purpose of warning all people that the title to certain property is in litigation and that they are in danger of being bound by adverse judgment.

The document must have the following:

  • Name of the person or entity that has interest in the land and the lien is being filed against (KRS 382.440)
  • Name of the person or entity bringing the action (KRS 382.440 & KRS 382.335)
  • The legal description of the land involved (KRS 382.440)
  • The document must state the action number and the court in which the action is pending (KRS 382.440)
  • Preparation statement (KRS 382.335)(if court prepared may not have a preparation statement)

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

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Mechanics Lien

The following list of liens are recorded and indexed as a mechanics lien: Attorney’s Liens (KRS 376.460)

Agister’s Liens (liens on horses, cattle, livery stable)(KRS 376.400, KRS 376.410, KRS376.420)

Veterinary Liens (KRS 376.470, KRS 376.475)

Liens on Motor Vehicle Repairs and Storage (KRS 376.270)

Motor Vehicle for Storage or Towing Charges (KRS 376.275)

Lien for Work and Supplies on Equipment, Machinery and Motors (KRS 376.440, KRS 376.445)

These are filed when payment for building repair, storage or services has not been made. These are filed per KRS 376.010, KRS 376.080.

The document must have the following:

  • Name and address of the claimant (asserting the lien)(KRS 376.080)
  • Name of the contractor, subcontractor or authorized agent and the property owner (the person(s) whom the lien is asserted against)(KRS 376.010 & KRS 376.080)
  • The lien is filed against the owner of the property and their name must be listed (KRS 376.080)
  • Description of property has to be specific enough to identify the property (an address on real property)(KRS 376.080)
  • The lien must state the amount due and whether the services were performed by a contract with the owner or with contractor or subcontractor (KRS 376.010 & KRs376.080)
  • Preparation statement (KRS 382.335)
  • The clerk shall request a return mail address (KRS 382.240)

The person claiming the lien or someone on his behalf must sign the lien. Their signature must be notarized and the notary format must be subscribed and sworn to in order for the lien to be valid (KRS 376.080)

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State Lottery Corporation Lien

Lottery

Whenever any person who receives proceeds from the sale of lottery tickets in the capacity of a lottery retailer becomes insolvent, or dies insolvent, the proceeds due to the corporation from such person or his estate shall have preference over all debts or demands.

The lien shall be of equal rank with the tax liens of the state, or any city, county, or other taxing authority within the state.

The lien must be recorded by the Lottery Corporation with the County Clerk of any county of counties in which the retailer’s business or residence is located, or in any county in which the retailer has an interest in property.

The lien will be against the retailer. The recording of the lien shall constitute notice of both the original obligation to the corporation and all subsequent obligations to the corporation of the same retailer.

The lien will be prepared as a state tax lien.

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Unemployment Lien

A lien on a parity with state, county, and municipal ad valorem tax liens. It is superior to the lien of any mortgage or other encumbrances heretofore or hereafter created is hereby created in favor of the cabinet upon all property of any subject employer from whom contributions, interest or penalties are or may hereafter become due. The lien shall attach to all interest in property, either real or personal, then owned or subsequently acquired by the person against whom the assessment is made.

The cabinet may file notice of the lien with the County Clerk of any county or counties in which the subject employer’s business or residence is located, or in any county in which the subject employer has interest in property and such notice shall be recorded in the same manner as notices of Lis Pendens are and the file shall be designated “Miscellaneous State Tax Liens.” Such recordation shall constitute notice of both the original assessment and all subsequent assessments of liability against the same subject employer.

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Workers’ Compensation Lien

The Labor and Human Rights Commissioner shall record a certificate prepared and furnished him by the general counsel.

It will include:

  • The date on which such claim was filed
  • The date of the injury alleged
  • The name and last known address of the employer against whom it was filed
  • The fact that the employer has not secured the payment of compensation as required

After recording, the certificate constitutes a valid lien against the assets for the employer in favor of the uninsured employer’s fund for the whole amount that may be due as compensation.

Such lien shall be superior to the lien of any mortgage or other encumbrance thereafter created and shall continue for ten (10) years from the time of such recording, unless sooner released or otherwise discharged.

The certificate constituting a lien in favor of the uninsured employers’ fund shall be filed in the following offices:

  1. The office of the County Clerk of the county in which the defendant employer resides
  2. The office of the County Clerk of the county in which the defendant employer has its principal place of business
  3. The office of the County Clerk in the counties where such employer’s property is located

Recording and indexing requirements are the same as State Tax Liens.

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