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.
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:
- County Clerk uses the existing procedure for securing a Title to a mobile home for which a title has never been issued
- Owner executes application for title
- 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:
- Name of the deceased (ancestor)
- Date of the deceased (ancestor’s) death
- The marital status of the deceased (ancestor) and, if married the name of the surviving spouse and his or her mailing address
- The place of residence of the deceased (ancestor) at the time of death
- The fact that the deceased (ancestor) died intestate (without a will)
- 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
- 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:
- Name of the deceased
- Names and addresses of persons receiving (the grantees) each property passing by will or intestate succession. AND
- The full or fair market value of each property as estimate or established for any purpose in the handling of the estate. OR
- A statement that no such values were estimated or established. KRS 382.135(4)(b)
- Signature by the personal representative. KRS 382.135(4) & CR 43.13
- Signature notarized. KRS 382.130
- Document should list the properties being transferred by either address or legal description or both. Common Law & OAG 81-100
- The Will Book reference is required if the transfer is the result of a will. KRS 382.110
- The Deed Book reference is required if the transfer is the result of an intestate succession. KRS 382.110
- 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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Filing requirements:
- File number of the initial financing statement
- Name of the debtor
- Name of the secured party
- 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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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
- Identifies the file number of the original filing
- Provides the name of the assignor;
- Provides the name and mailing address of the assignee
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Assignment for the Benefit of Creditors
Definition for “Assignment for Benefit of Creditors”-A general Assignment for Benefit of Creditors is a transfer of all or substantially all of debtor’s property to another person in trust to collect any money owing to debtor, to sell property, to distribute the proceeds to his creditors and to return the surplus, if any, to debtor. Under Bankruptcy Act of 1898, such assignment was an “act of bankruptcy” if made within four (4) months of bankruptcy.
Definition of Voluntary Assignment- An Assignment made for the benefit of his creditors made by a debtor voluntarily, as distinguished from a compulsory assignment, which takes place by operation of law in proceedings in bankruptcy. Such constitutes as assignment of a debtor’s property in trust to pay his debts generally, in distinction from a transfer of property to a particular creditor in payment of his demand, or to a conveyance by way of collateral security or mortgage.
The document must have:
- First party (debtor, seller, grantor) and their mailing address. KRS 379.020, 382.135, 382.200
- Second party (trustee) and their mailing address. KRS 379.020, 382.135, 382.200
- Consideration Statement/Fair Market Value would be applicable if real property is involved. KRS 385.135
- Legal description (Common Law and OAG 81-100)
- Source of title if applicable. KRS 382.110
- Preparation Statement KRS 382.335
- Return mail address KRS382.335, 382.240
The grantor must sign the deed and the signatures must be notarized. The grantor and grantee must sign the 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 greatest part). KRS 382.110.
The Deed of Assignment shall be acknowledged by the assignor in the same manner as other deeds and shall be recorded in the County Clerk’s Office of the county where the assignor resides, where the business in respect to which the deed is made is carried on, and in each county where a tract of land or the greater part thereof conveyed by the deed is situated.
The deed shall vest in the assignee title to all the property, real and personal, with all deeds, books and papers relating thereto belonging to the assignor at the time of making the assignment, except property exempt by law which shall not pass unless embraced in the deed. The intent of the assignor in making the assignment, whether appearing upon the face of the deed or otherwise, shall not invalidate the deed, unless he is solvent and it appears that the assignment was made to hinder or delay creditors.
The assignor shall, within five days from the day upon which the deed is lodged for record, file for record in the county where the assignee qualifies a schedule under oath, setting forth the general nature and full value of the property assigned, together with a list of his creditors, their post office address, the amount due each and whether secured by lien or not.
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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:
- First party (assignor) KRS 382.290
- Second party (assignee) and their mailing address KRS 382.290(5), 382.430(2), 382.335
- Name of the party(ies) that executed original mortgage KRS 382.290
- The mortgage book and page reference where the mortgage is lodged for record KRS 382.290
- 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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Assignment of Personal Property
KRS 404.020 Property Rights: Contract Rights; Transfer of Personal Property Between Husband and Wife
This is a document that is rarely recorded, but it is important to record correctly if presented.
KRS 404-020(2) A gift, transfer or assignment of personal property between husband and wife shall not be valid as to third persons, unless it is in writing, and acknowledged and recorded as chattel mortgages are required to be acknowledged and recorded; but the recording of any such writing shall not make valid any such gift, transfer or assignment that is fraudulent or voidable as to creditors or purchasers.
Note this statute indicates this document is to be recorded as a chattel mortgage, however, it is not part of the Uniform Commercial Code. Since July 1, 2007, the County Clerk does not file personal property liens. The next most logical place to record this document would be in the Land Records section of the County Clerk. The document should appear in the General Index to Deeds and Mortgages.
The document must have the following:
- Name of the husband. KRS 404.020
- Name of the wife. KRS 404.020
- Written description of gift, transfer of assigned the property. KRS 404.020
- Signature of party that gave, transferred or assigned the property. KRS 404.020
- Signature must be acknowledged. KRS 404.020
- Preparation Statement. KRS 382.335
The clerk shall request a return mail address. KRS 382.240
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Assignments of Rents and/or Leases
The document must have the following information:
- Name of the borrower, lessor, assignor. KRS 382.430, 382.200
- Name and address of the lender, assignee. KRS 382.290(2), 382.335(2)
- Source of title. KRS 382.110
- Legal description. Common Law and OAG 81-100
- Maturity date. OAG 80-3 & KRS 382.330
- 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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KRS 381.810
The document must have the following:
- First party and their mailing address KRS 382.135(1), 382.200
- Second party and mailing address KRS 382.135(1), 382.200
- Description (unit number, condo name, etc) KRS 381.840
- State that the property is a “condominium unit” KRS 381.840
- 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
- Preparation Statement KRS 382.335
- 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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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).
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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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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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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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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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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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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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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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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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.
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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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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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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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.
Documents by the United States Government, Commonwealth of Kentucky or any agency of the Commonwealth, such as local governments or other agencies, are exempt from this tax, per Revenue Circular 73C203, dated 07-01-86.
Per KRS 142.015, the County Clerk is allowed five percent (5%) commission on the amounts collected for state taxes on legal processes and instruments provided for under KRS 142.010. The five percent (5%) commission to be retained by the county clerk on the sums reported to the Revenue Cabinet and paid by the County Clerk into the State Treasury.
KRS 47.110 provides twelve and one-half percent (12.5%) of the revenue received from the legal process taxes to be returned to the county in which the tax was paid and be credited to the general fund of the county.
KRS 142.050(5) one dollar of the amount collected for legal process shall be placed in an agency fund in the Department for Libraries and Archives to be used exclusively for the purpose of preserving and retaining public records by continuing the local records grant program active in the department. The budgeted amount of funds allocated to the grant program in the fiscal year 2005-2006 departmental budge shall not be reduced in future years and shall be increased annually by this additional revenue to be used exclusively for the grants program.
KRS 382.360(1) provides the clerk with the option of using a marginal entry record for releasing mortgages. This form can be used in place of the marginal entry, but caution needs to be used when releasing a mortgage in this manner.
The statute states that the person entitled to release the lien or their personal representative or agent and attested by the clerk must sign the record. This means that the person releasing the mortgage must be the legal holder of the mortgage and this must be signed in front of the deputy or the clerk. The person releasing the mortgage should show identification. The release also must state the date and the book and page of the original filing. The statute does indicate that the legal holder or their agent may sign the release (effective 07-12-2006). If an agent or representative sign, they must sign the legal holder’s name by name of the agent and indicate if agent or personal representative. This is ONLY true for a marginal release not a written “Deed of Release”.
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- 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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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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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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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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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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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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