Miscellaneous

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.

Delinquent taxes will also be available by written request. Please include the tax bill number or map number along with the owner’s name. There will be a fee of $1.50 for each search.

The office of the Bullitt County Clerk will not be held liable for any records that could not be found with theinformation you have provided.


Acknowledgements Required for Deeds: In State/Out-of-State/Foreign

The statutory requirements for Acknowledgements are as follows:

Deed executed in the state KRS 382.130

Deeds executed in this state may be admitted to record:

  1. On the Acknowledgement, before the proper clerk, by the party making the deed;
  2. By the proof of two subscribing witnesses, or by the proof of one subscribing witness, who also proves the attestation of the other;
  3. By the proof of two witnesses that the subscribing witnesses are both dead; and also like proof of the signature of one of them and of the grantor;
  4. By like proof that both of the subscribing witnesses are out of the state, or that one is so absent and the other is dead; and also like proof of the signature of one 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), (4)

Signing by making an “X” or a mark

The following OAG’s (Office of Attorney General) opinion addresses this issue, as well as KRS 382.130(5)

OAG 68-438. A grantor, a husband, may sign a deed by making his mark before a notary public, and his acknowledgement of his execution of the deed may be validly taken before the notary, no witnesses to the “mark” signature being necessary; the Acknowledgement Certificate signed by the notary is sufficient.


Deed executed out-of-state KRS 382.140

Deeds executed out of this state and within the United States or any of its dependencies may be admitted to record when certified, under the seal of his office or court, by a judge, clerk or deputy clerk of a court, or by a notary public, Mayor of a city, Secretary of State, Commissioner authorized to take acknowledgement of deeds or Justice of the Peace, to have been acknowledged or proved before him in the manner required by KRS 382.130.

OAG 63-1062. The seal of a notary public must be affixed to a certificate of acknowledgement of a deed executed out of the state in order for the deed to be admitted to record, but the seal is not essential to the validity of acknowledgments of other deeds.

Original signature- the word executed means signed. Black’s Law Dictionary-“Execute. To complete; to make; to sign; to perform...To perform all necessary formalities, as to make and sign a contract”

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Affidavit in Aid of Title or Affidavit in Support of Title

A County Clerk must NOT file a document in Land Records titled an “Affidavit in Aid of Title” or “Affidavit in Support of Title”. Kentucky Revised Statutes do not authorize the County Clerk to accept this type of document, except in very few exceptions.

A County Clerk is a ministerial office. The statutes specify the documents to be recorded and dictate the criteria that a document must possess in order to be recorded. A ministerial officer (County Clerk) should not file any document unless the document is recognized and permitted by statute. It is a myth that any document can be recorded at the county clerk’s office if it is signed and notarized.

When presented for recording the filer should be told that the clerk’s office is not aware of the statutory authority that would allow the county clerk to record the document.

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Articles of Incorporation (Business Corp. & Non Profit Corp & Assoc.)

KRS 271B.1-200 (Business Corporations)

KRS 273.252 (Non Profit Corporations)

The document must be:

  1. Executed by one of the officers authorized in KRS 271B.1-200(6) and KRS 273.252(6)
  2. Document must be filed with the Secretary of State FIRST.
  3. The clerk is presented one exact or conformed copy having the stamp of the Secretary of State.

Types of articles that are usually recorded are:

  • Amended and Restated
  • Articles of Amendment
  • Application for Certificate of Authority
  • Application for Amended Certificate of Authority
  • Application for Certificate of Withdrawal
  • Application for Reinstatement of Charter
  • Articles of Incorporation
  • Articles of Dissolution
  • Certificate of Authority
  • Change of Registered Office, Agent, etc
  • Articles of Organization
  • Dissolution

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As Extracted Mineral (UCC Filing)

Where to file: KRS 355.9-501

Timber to be cut

County Clerk’s Office- this means the timber has actually been cut. After timber is cut it is considered ordinary goods and would be filed with the Secretary of State.

As-extracted Collateral

County Clerk’s Office- this means oil, gas or other minerals that are subject to a security interest that is created by a debtor having an interest in the mineral before extraction and attaches to the minerals as extracted or minerals in which the debtor had an interest before extraction.

Fixture Filing-County Clerk’s Office

Goods that will become a fixture filing-County Clerk’s Office

Overview

There are very few reasons to refuse filing a UCC under the change in law effective July 1, 2001. KRS 355.9-520 states “A filing office shall refuse to accept a record for filing for a reason set forth in KRS 355.9-516(2) and may refuse to accept a record for filing only for a reason set forth in KRS 355.9-516(2).

These exceptions are as follows: (KRS 355.9-516)

  1. The record must be communicated in a method or medium authorized by the filing office-in other words, if it is your policy to only accept records on paper in writing, it must be submitted in that manner.
  2. The filing office must receive the fee associated with the filing in an amount equal or greater than the applicable filing fee.
  3. The filing office is unable to index the record because the initial filing record does not provide a name for the debtor or property owner.
  4. The filing officer is unable to index an amendment or correction statement, because the record does not identify the original file number
  5. The original filing has lapsed.
  6. The original filing does not identify the name and mailing address of an individual debtor.
  7. An Amendment of the original filing does not provide the name or mailing address of an individual debtor that is added to the filing.
  8. The original filing does not provide the name and mailing address for the secured party.
  9. An Amendment that adds a secured party, but does not provide the name and mailing address of the added secured party.
  10. In the case of a Fixture Filing, Timber to be Cut or As Extracted Mineral, the record does not provide a sufficient description of the real property to which it relates.
  11. An Assignment, either as part of the original filing or as a separate document, that does not provide a name and mailing address for the assignee.
  12. A Continuation Statement that is not filed within the six (6) month period.
  13. A record that is illegible. Illegible indicates it cannot be read or scanned
  14. In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the Amendment relates, the record does not:
    • Provide a mailing address for the debtor;
    • Indicate whether the debtor is an individual or an organization; or
    • If the financing statement indicates that the debtor is an organization provide:
    • A type of organization for the debtor
    • A jurisdiction of organization for the debtor; or
    • An organizational identification number for the debtor or indicate that the debtor has none

If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but in no event more than two (2) business days after the filing office receives the record. KRS 355.9-520(2)

If a filing contains the names of more than one debtor or more than one secured party and you cannot read one of the names, the record must be rejected and returned to the filing party for correction. KRS355.9-520(4) has language that pertains to an office that files documents electronically. Since the Kentucky County Clerk’s file paper documents only, we cannot file one portion of the document and not the other. With paper it must be all or nothing. Obviously, this standard could be different if we have converted to an electronic filing system, which we have not.

A record that is sent to the filing office fees equal to or greater than the required fee, but which the filing office refuses to accept for a reason other than listed in KRS 355.9-516(2) is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files. KRS355.9-516(4)

A record received for filing that does not indicate that it is an Amendment or does not identify an initial financing statement related to the amendment is to be treated as an initial filing. KRS 355.9-516(3)(b)

UCC Filings will be primarily filed at the Secretary of State Office in Frankfort. The documents that are governed by KRS 355.9 that will be filed in the County Clerk’s Office must be filed with your Real Estate Records. The statute specifically directs where these documents are to be filed. KRS 355.9-502(2)(b). Since each county clerk is required to maintain a Fixture Filing Book, it is recommended that you file all UCC type documents in the Fixture Filing Book.

Original Filing

Filing requirements:

  1. The debtor’s name and mailing address
  2. The secured party’s name and mailing address
  3. The property’s owner’s name if other than the debtor (the county clerk’s office should presume the debtor is the property owner unless the document indicates otherwise)
  4. Provide a description of the real property to which the collateral is related (See definition of description of real property below)

Definition of Real Property as it relates to UCC’s is different from the “legal description” of property typically associated with documents filed in the Real Estate records of the county clerk’s office. KRS 355.9-108 Sufficiency of Description state “For the purposes of this article any description of personal property or real estate is sufficient whether or not it is specific if it reasonably identifies what is described”.

There is no longer a requirement that the financing statement must be signed or authenticated by the debtor. It is improper for a secured party to file a financing statement if the secured party does not have a security agreement or some other form of written authority to file the financing statement. However, it is not the clerk’s responsibility to police this issue and verify that the secured party has the authority to file the financing statement.

A UCC Filing is effective for a period of five years after the date of filing. KRS 355.9-515. The filing lapses on the expiration of the period of its effectiveness (5 years after the file date). KRS 355.9-515(3). A continuation must be filed to prevent a lapsed filing.

The filing office shall maintain a record of the information provided in a filed financing statement for at leas one (1) year after the effectiveness of the financing statement has lapsed. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates. KRS 355.9-522

All UCC’s, in which the debtor is a transmitting utility, including fixture filings, are to be filed with the Secretary of State KRS 355.9-502(3).

Filing Office requirements:

  • For each record filed in a filing office, the filing office shall;
  • Assign a unique number to the filed record
  • Create a record that bears the number assigned to the filed record and the date and time of filing
  • Maintain the filed record for public inspection

The filing office shall maintain a capability:

  • To retrieve a record by the name of the debtor and by the file number assigned to the initial financing statement to which the record relates; and
  • To associate and retrieve with one another an initial financing statement and each filed record relating to the initial financing statement.

The filing office may not remove a debtor’s name from the index until one (1) year after the effectiveness of financing statement naming the debtor lapse under KRS 355.9-515 with respect to all secured parties of record.

The filing office shall record the documents not later than two (2) business days after the filing office receives the record in question.

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Assumed Names

AKA DBA (doing business as) or Fictitious Name Filing, KRS 365.015

Document must have:

  • The name being assumed (KRS 365.015)
  • The real name and address of the individual or entity assuming the name. A domestic general partnership must include the real name of each partner (KRS 365.015)
  • Filed in county where the entity is deemed a resident under provisions of KRS 186A.190 (See KRS 186A.190 for specific requirements)
  • Assumed names may or may not have a Preparation Statement (KRS 382.335)

The clerk shall request a return mail address. The document must be executed per KRS 365.015 as follows:

  • Individual—by the individual
  • Partnership—by at least one authorized partner
  • Limited Liability Partnership—by at least one partner authorized to do so by the partners
  • Limited Partnership—by a general partner
  • Limited Liability Company—by a member or manager authorized to act for the Limited Liability Company
  • Business Trust—by the trustees
  • Corporation—by a person authorized to act for the corporation

Assumed names for individuals are filed in the County Clerk’s Office based on residency requirements.

Assumed names for Corporations, General or Limited Partnerships, Limited Liability Partnerships, Business Trusts and Limited Liability Companies must first be filed with the Secretary of State. An exact or conformed copy stamped by the Secretary of State shall be filed at the County Clerk’s Office per KRS 365.015(3).

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Assumed Names Renewals

An Assumed Name Registration is effective for a term of five (5) years from the date it is filed and may be renewed for a successive term upon filing a renewal certificate. A renewal certificate must be filed within six (6) months prior to the expiration date. Any certificate of assumed name in effect on July 15, 1998 shall continue in effect for five (5) years

Document must:

  • State the assumed name as filed with the County Clerk
  • State the date the certificate was filed with the County Clerk

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Assumed Name Withdrawals

Assumed Name Withdrawals are prepared in a similar manner to the original certificate, but it must include the date the original was filed.

When discontinuing the use of an Assumed Name, the certificate shall be withdrawn by filing a certificate in the same office as the original certificate of Assumed Name was filed.

The certificate of withdrawal shall state the Assumed Name, the real name and address of the party transacting business and the date upon which the original certificate was filed.

The certificate of withdrawal shall be signed for a General Partnership, including a registered Limited Liability Partnership, by at least one(1) partner authorized to do so by the partners, for a Limited Partnership by a general partner, for a Business Trust by the trustees, for a Corporation by any person authorized to act for the Corporation, and for a Limited Liability Company by a member or manager authorized to act for the Limited Liability Company.

These documents do not require that the signatures be notarized.

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Bond to Release Mechanics Lien Private Property

KRS 376.100 The owner or claimant of property against which a lien has been asserted under KRS 376.010 may at any time before a judgment has been rendered enforcing the lien, execute before the County Clerk where the lien was filed, a bond for double the amount of the lien claimed with good sureties to be approved by the clerk. Conditioned upon the obligors satisfying any judgment that may be rendered in favor of the person asserting the lien. The clerk shall preserve the bond and upon its execution, the lien shall be discharged.

The surety bond is recorded along with the release document. The document must have:

  1. The name of the party asserting the lien
  2. The name of the party the lien is against
  3. The surety bond must be attached to the release
  4. There must be a place on the document for the clerk’s approval of the surety
  5. The bond must be double the amount of the lien
  6. Preparation Statement. KRS 382.335
  7. Reference where the lien is recorded (the book and page)

The clerk shall request a return mail address. KRS 382.240

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Bond to Release Mechanics Lien Public Property

Prior to judgment, a bond to release a lien may be executed before the County Clerk in the county in which the lien was filed.

The bond must be double the amount of the lien claimed.

The clerk shall approve the bond only if the bond is secured by:

  1. Cash
  2. A letter of credit from a bank
  3. Surety by a licensed insurer

Cash

The definition of cash is bills, coins, cashier’s check, certified check or money order. Any form of cash receipt must be deposited in the bank. Holding a certified check, cashier’s check does not meet the requirement of cash. The bank can cancel the certified check. A business check or check from an attorney is not acceptable unless it is certified.

If a bond is paid in cash, check or money order, a separate escrow account for safekeeping must be set up for each bond. This is very important to insure that this money is not co-mingled with any clerk fee or any other bond.

The County Clerk would return the money after receiving a properly executed release of the Mechanics Lien by the legal holder of the lien or upon a court order. The County Clerk must have the bank issue a cashier’s check out of the specific escrow account established for this bond. That account should be closed and not reused. The County Clerk must keep all records associated with these transactions with their accounting records. This is an item that will be reviewed by auditors.

A letter of credit from a bank

A letter of credit from a bank must be an original, on bank stationery and must be signed by an officer of the bank. The letter of credit must state that it is irrevocable. Even though this is not in the statute, a revocable letter of credit would not satisfy the term bond.

The letter of credit must be maintained by the clerk’s office in a secure location as you would any other secured document, or in a lock box or safety deposit box.

The county clerk would return the letter of credit after receiving a properly executed release of the Mechanics Lien by the legal holder of the lien or upon a court order.

Surety by a licensed insurer

When accepting a surety bond by an insurance company, the clerk must make certain the insurance company is in good standing with the Kentucky Department of Insurance. Each clerk should have a list of such insurance companies.

The surety bond is recorded along with the release document.

The document must have:

  1. The name of the party asserting the lien
  2. The name of the party the lien is against
  3. The surety bond must be attached to the release
  4. There must be a place on the document for the clerk’s approval of the surety
  5. The bond must be double the amount of the lien
  6. Preparation Statement KRS 382.335
  7. Reference where the lien is recorded (the book and page)

The clerk shall request a return mail address. KRS 382.240

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Certified Copy

A 2005 statutory change in KRS 382.110 “Recording of deeds and mortgages-Place of recording-Use of certified copies of original records-Contents of deed” allows County Clerks to record certified copies of documents if they meet the following conditions:

  • An authentic photocopy of any original record may be certified, as a true, complete, unaltered copy of the original record on file by the official public custodian of the record
  • A certified copy of a document certified by the official public custodian of that document may be submitted for filing in any other filing officer’s jurisdiction as though it were the original record. However, no County Clerk or deputy clerk shall accept for filing any original document or certified copy any document unless the original document and its certified copy conforms to all statutory requirements for filing the document under KRS 382.
  • The provisions of this subsection shall apply only to a record generated and filed in Kentucky, and only if the certified copy thereof 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 applicable federal, Kentucky, or foreign law shall apply.

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Conditional Use Permit/Zoning

Also known as Variance

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 Land Use Restrictions Book.

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Consideration Certificate

Provides that a Statement of Consideration be on virtually all deeds. The statement shall be sworn and notarized by both parties as to the true consideration in the deed.

A statement of the full consideration is required on all deeds except for the following:

  • Deeds which only convey utility easements
  • Deeds which transfer property through a court action pursuant to a divorce proceeding
  • Deeds that convey right-of-ways that involve governmental agencies
  • Deeds which convey cemetery lots
  • Deeds which correct errors in previous deeds, conveying the same property, from the same grantor to the same grantee
  • Deeds which convey real property to a local airport board

A Consideration Certificate shall contain the following:

In the case of a transfer other than by gift, or with nominal or no consideration, a sworn and notarized certificate signed by the grantor or his agent and the grantee or his 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 in the case of a transfer either by gift or with nominal or no consideration, a sworn and notarized certificate signed by the grantor or his agent and the grantee or his 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.

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.

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.

OAG 96-21 Deeds of nominal or no consideration and deeds of gift require the statement stating the fair market value of property.

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Electronic Signatures

County Clerks receive questions concerning electronic transactions and electronic signatures as it relates to Land Records and Title Property.

It is important to understand that the UNIFORM ELECTRONIC TRANSACTIONS ACT specifically EXCLUDE THE FOLLOWING:

  • Wills, Codicils or Testamentary Trusts
  • Conveyance of any interest in real property
  • The creation or transfer of any negotiable instrument or any instrument establishing title or an interest in titles

As it relates to Land Records, the work conveyance includes Deed, Mortgage, Assignment, Release, Encumbrance, Land Use Restriction, Plat, etc. All of these documents convey an interest in title.

As it relates to Motor Vehicle Title, documents that create or transfer a title cannot be signed electronically.

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Environmental Covenant

KRS 224.80-130 thru KRS 224.80-210

Also requirements for environmental covenant amendment or termination.

An environmental covenant shall:

  • State that the instrument is an environmental covenant executed pursuant to KRS 224.80-100 to KRS 224.80-210
  • Contain a legal description of the real property and a metes and bounds description of the portion of the real property
  • Describe the activity and use limitations imposed on the real property
  • Identify every holder
  • Be signed by the cabinet, by every holder, and, unless waived by the cabinet, by every owner of an interest in real property subject to the environmental covenant
  • Identify the name and location of any administrative record for the environmental response project
  • Preparation Statement (KRS 382.335)
  • Return mail address (KRS 382.335 & KRS 382.240)

All parties must sign the document and all signatures must be notarized.

An Environmental Covenant and any amendment to or termination of that Environmental Covenant shall be recorded in the County Clerk’s Office in each county that contains any portion of the real property subject to the Environmental Covenant.

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Fixture Filings

Where to file: (KRS 355.9-501)

Timber to be Cut

County Clerk’s Office- this means before the timber has actually been cut. After timber is cut, it is considered ordinary goods and would be filed with the Secretary of State.

As-extracted Collateral

County Clerk’s Office- this means oil, gas or other minerals that are subject to a security interest that is created by a debtor having an interest in the minerals before extraction and attaches to the minerals as extracted or accounts arising out of the sale at the wellhead or minehead of oil, gas or other minerals in which the debtor had an interest before extraction.

Fixture Filing

County Clerk’s Office

Goods that will become a Fixture Filing- County Clerk’s Office

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Filing Requirements

Original Filing KRS 355.9-502 & 355.9-516

  • The debtor’s name and mailing address
  • The secured party’s name and mailing address
  • The property owner’s name if other than the debtor (the County Clerk’s Office should presume the debtor is the property owner unless the document indicates otherwise).
  • Provide a description of the real property to which the collateral is related
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Gas, Oil or Other Mineral Leasehold Lien

Any person who performs labor or furnishes materials, supplies, fixtures, machinery or other things of value to a lessee holding or owning a leasehold, or any right conferred by a lease, relating to oil, gas or other minerals, in the development or improvement of the leasehold or the entire interest of the lessee including oil or gas wells, machinery and equipment, to secure the payment for the labor or things furnished. If the labor or things are furnished at the written request or by the written consent of any contractor or subcontractor, or the agent of either, the lien herein given shall be for the benefit of whoever may furnish any of the labor or things mentioned. The lien herein provided for shall be effective against the leasehold, or the entire interest of the lessee therein, including all improvements thereon belonging to the lessee.

When necessary for the purposes of such application, “owner” shall be construed to mean “lessee” and “property” to mean “leasehold”.

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Instrument Executed in a Foreign Language

KRS 382.180

Documents presented in a language other than English may be filed if the person producing the document offers a correct English translation of the document. The translation is filed, along with the document, in the appropriate book.

If the document was executed in a foreign country, the acknowledgement must comply with KRS 382.150 which states:

Deeds not executed within the United State 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 acknowledgement 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.

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Land Records Search Requests

We are presented with two types of search requests: 1) Walk-in customers 2) Written requests.

Walk-in Customers and Written Requests:

KRS 61.872

  • All public records shall be open for inspection by any person, except as otherwise provided by KRS 61.870 to 61.884, and suitable facilities shall be made available by each public agency for the exercise of this right. No person shall remove original copies of public records from the offices of any public agency without the written permission of the official custodian of the record.
  • Any person shall have the right to inspect public records. The official custodian may require written application, signed by the applicant and with his name printed legibly on the application, describing the records to be inspected. The application shall be hand delivered, mailed, or sent via facsimile to the public agency.
  • A person may inspect the public records
  • During the regular office hours of the public agency
  • By receiving copies of the public records from the public agency through the mail. The public agency shall mail copies of the public records to a person whose residence or principal place of business is outside the county in which the public records are located after he precisely described the public records, which are readily available within the public agency. It the person requesting the public records requests that copies of the records be mailed, the official custodian shall mail the copies upon receipt of all fees and the cost of mailing.
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Missing or Lost Assignments or Releases

For many years, County Clerks have been receiving Affidavits of Missing or Lost Instruments associated with Assignments and Releases. The customer’s argument has been the Release cannot be filed because they cannot show that they are the legal holder of the mortgage. New language in KRS 382.365 provides statutory assistance for these customers. The statute has always given the property owner or a party with interest the instruction to file a proceeding in District or Circuit Court, the new language is much more specific in the necessary steps that must be taken. It also directs the Master Commissioner to execute and file a document with the County Clerk for assignments or releases.

We should refer our customers with these problems to KRS 382.365. The County Clerk cannot solve this problem for customers- the proper authority to assist the lien holder is District or Circuit Court- we DO NOT record the court order- we record the release or assignment document prepared by the Master Commissioner.

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MERS-Mortgage Electronic Registration System

County clerk Offices are receiving mortgages that name the borrower and usually a bank followed by the statement: MERS as nominee.

In these cases, County Clerk Offices should index the borrower and MERS---nothing else. The fee is the normal recording fee for a mortgage, nothing more. This is not an additional assignment.

After the document has been filed, MERS is the legal holder of the mortgage. Any change, assignment or release must come from MERS.

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Military Discharge

Military discharge papers may be recorded in the county where the person discharged is a resident at the time of recording.

The County Clerk will record these documents at no charge.

The name is to be indexed. The index is to be a public record. The index shall NOT be bound with the Military Discharge Book. It must be a separate index.

The discharge records are NOT a public record.

The following individuals may inspect the public record and may obtain a certified or attested copy of the discharge record:

  • The veteran named in the discharge papers;
  • His or her spouse, widow or widower, child eighteen (18) years of age or older parent, grandparent, or sibling eighteen (18) years of age or older.
  • Any person authorized by the veteran;
  • A guardian, limited guardian, conservator, or limited conservator of a disabled or partially disabled veteran named in the discharge papers;
  • An individual with Power of Attorney for the veteran;
  • A funeral director handling funeral arrangements for the veteran; and
  • The personal representative of the veteran’s estate
  • (a)Discharge papers shall be subject to discovery under the federal and Kentucky rules of criminal and civil procedure.
  • (b)The County Clerk shall comply with any proper court order pertaining to discharge papers.
  • Upon representation of proper identification, a veteran may ask the County Clerk to destroy that veteran’s discharge papers. Within fifteen (15) days of receiving the request, the County Clerk shall destroy all copies of the discharge papers in whatever form they are being held.
  • With regard to military discharge papers, including Form DD-214, filed before the effective date of this Act, if a County Clerk has co-mingled such discharge papers with documents unrelated to military discharge, that County Clerk, in handling such discharge papers, may comply with the provisions in subsections (4), (5) and (6) of this section as well as the provision in subsection (3) of this section that the index shall not be bound with the book in which the discharge papers are recorded but shall be a separate bound index.
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Preparation Statement

AKA Scriveners Statement, KRS 382.335

Provides that virtually all documents filed in land records contain the author’s name, address and signature.

Example:

Prepared By:__________________________________________
			John B. Jones
			Attorney At Law
			200 E. Main Street
			Lexington, KY 40507
			The statute provides that the author’s signature can be facsimile on the statement.
			This act does not apply to documents executed prior to July 1, 1962

Some documents do not require preparation statements.

Examples of some:

  • Power of Attorney
  • Corporate Record Documents-Articles of Incorporation, Assumed Names, Partnership Agreements
  • Government Liens
  • Affidavits
  • Wills
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Real Estate Transfer Tax

Transfer tax is collected on the actual consideration paid or to be paid in the deed, unless it is a gift.

If the deed is a gift or indicates nominal consideration, the tax is paid on the estimated price the property would bring in an open market.

The transfer tax is imposed upon the grantor.

The tax is computed at the rate of $.50 for $500.00 of value or fraction thereof. A deed cannot be recorded unless the real estate tax has been collected. The tax required to be levied by this section shall be collected only once on each transaction and in the county in which the property is conveyed, or the greater of the property is located.

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Renunciation of a Will

The surviving spouse is the only person that is eligible to renounce a will under this statute. The document must be recorded within six months after the will is probated and acknowledged before and left for record with the County Clerk or his authorized deputy in the county where probate was made, or acknowledged before a subscribing witness and proved before and left with the County Clerk for his/her authorized deputy.

This means there are two methods to renounce a will.

  1. The person renouncing the will must sign the document in front of the County Clerk or deputy clerk AND the County Clerk or deputy must provide a written acknowledgement AS PART OF THE DOCUMENT.
  2. The person renouncing the will must sign the document before a subscribing witness AND the witness must provide a written acknowledgement AS PART OF THE DOCUMENT AND the witness must sign the document before the County Clerk AND the County Clerk must provide a written acknowledgement AS PART OF THE DOCUMENT. (KRS 392.080)

The clerk shall request a return mail address (KRS 382.240) Renunciations are filed in the Will Book and are indexed under the deceased name.

Click here for Fee Schedule for Land Records.

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Re-recording Documents

Through research, we have found that the correct procedure for ANY document of correction is to have a new document prepared and signed. The document must meet all necessary recording requirements and should include the reason for the correction.

It is a mistake to re-record a document since the County Clerk has no authority to re-record an instrument. This can be easily confirmed by reading the following Attorney General’s Opinions: OAG 81-322, OAG 79-52 and OAG 79-21

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Termination Statement

Filing requirements:

  1. File number of the initial financing statement
  2. Name of the debtor
  3. Name of the secured party
  4. Provide a description of the real property
  5. Indicates the termination or partial termination of the filing

Full termination is paid with the original filing.

When a County Clerk receives a termination statement associated with a Fixture Filing, As Extracted Mineral/Collateral or Timber to be Cut, it is important to remember that it was paid at the time of filing. The termination must be filed and linked with the original filing and all other filings. There will not be an additional fee for recording unless the filing is a partial termination.