Title XXXII, Ownership and Conveyance of Property

addresses required in deed to real property -- Exceptions -- Affidavit of personal representative -- Clerk prohibited from filing noncompliant deed. (1) In addition to any other requirement imposed by law, a deed to real property shall contain the following: (a) The full name of …

Deeds not executed within the United States or any of its dependencies, may be admitted to record when certified, under his seal of office, by any foreign minister, officer in the consular service of the United States, secretary of legation of the United States, or by the secreta…

(1) Where the acknowledgment of a deed is taken by an officer of this state or by an officer residing out of this state, he may simply certify that it was acknowledged before him, and when it was done. (2) Where a deed is proved by persons other than the subscribing witnesses, th…

The requirements of this chapter as to the acknowledgment or proof of the execution of deeds, shall not apply to deeds made or executed under and in accordance with the laws of the United States. Such deeds, when executed, shall be entitled to be recorded in this state, and shall…

If a deed or power of attorney, written in any language other than the English, is produced to the proper recording officer, and offered for record, and if the person offering it produces a correct English translation thereof, to be filed in the office and recorded with the deed …

financing statements, and security agreements. (1) Except as provided in subsection (2) of this section and KRS 382.077, each county clerk shall make and keep an alphabetical cross-index of all conveyances recorded in his office, and when a mortgage or deed of trust, or any other…

(1) Any county where indexes to the records of deeds, mortgages, wills, marriages, or other public records have been or may hereafter be prepared by the Work Projects Administration or other appropriate agency of the United States government, or by order of the fiscal court of an…

for indexing work. (1) In counties in which a courthouse district has been created and provisions made for appointment of commissioners in that district, the commissioners may direct that the clerk of such county shall, in such district, in addition to the alphabetical cross- ind…

county government or city with population of 20,000 or more -- Contracts for indexing work. (1) Except in counties having a courthouse district as provided in KRS 382.210, the fiscal court in each county containing an urban-county government or a city with a population equal to o…

city with population of 20,000 or more. The fiscal court in counties having a population of less than seventy-five thousand (75,000) and an assessed valuation of more than one hundred million (100,000,000) and containing a city with a population equal to or greater than twenty th…

certification and proof. (1) No conveyance of real property shall be void or invalid because of a failure by the county clerk to incorporate in his certificate to such conveyance an endorsement of acknowledgment made by his deputy thereon. (2) When acknowledgments to conveyances …

Each instrument that is recorded shall be delivered to the party entitled thereto. The county clerk shall require prepayment of postage and a three dollar ($3) reimbursement for delivery of said instruments at the time they are left for record in his office. If the county clerk i…

If the deputy of any county clerk takes the acknowledgment of a deed or other instrument, and writes thereon the certificate of acknowledgment, the instrument or deed, together with the certificate of the deputy, shall be recorded. If the deputy only endorses a memorandum of the …

No deed shall be held to be legally lodged for record until the tax is paid thereon.

or proved -- Exemption for instruments otherwise lodged for record. (1) Except as otherwise provided in KRS 382.285, no deed or deed of trust or mortgage conveying a legal or equitable title to real property shall be lodged for record and, thus, valid against a purchaser for a va…

Except as otherwise provided in KRS 382.077 and 382.285, all bona fide deeds of trust or mortgages shall take effect in the order that they are legally acknowledged or proved and lodged for record.

Priority over prior lien. A purchase money deed of trust or mortgage granted by a purchaser shall have priority over a prior lien under KRS 426.720 against the purchaser.

Discharge -- Form of record -- Clerk's fee. (1) In recording mortgages and deeds in which liens are retained (except railroad mortgages securing bonds payable to bearer), there shall be left a blank space immediately after the record of the deed or mortgage of at least two (2) fu…

contents. (1) An instrument containing forms of covenants, conditions, obligations, powers, and other clauses of a mortgage may be recorded in the county clerk's office of any county, and the county clerk of such county, upon the request of any person, on tender of the lawful fee…

recorded mortgage -- Amendment of recorded mortgage by affidavit of amendment -- Effect of subsequent release of original mortgage -- Construction. (1) A county clerk shall admit to record any amendment, renewal, modification, or extension of a recorded mortgage that complies wit…

clerk's signature on photographic copy. (1) Every county clerk shall record all deeds, mortgages and powers of attorney that are lodged for record, properly certified, or that are acknowledged or proved before him as required by law. He shall also record the certificates endorsed…

If the office of any county clerk has been vacated, leaving therein any instrument unrecorded, which from an official endorsement thereon appears to have been acknowledged or proved in part, his successor may receive the complete acknowledgment and record the same, stating the fa…

(1) If the office of any county clerk has been vacated, leaving any instrument recorded in his office, the original of which has never been taken therefrom, and in the record of which, or the authentication thereof, there is a deviation from the original, the successor shall corr…

No county clerk shall record a deed or deed of trust or mortgage covering real property by which the payment of any indebtedness is secured unless the deed or deed of trust or mortgage states the date and the maturity of the obligations thereby secured which have been already iss…

recorded. (1) No county clerk shall receive or permit the recording of any instrument by which the title to real estate or personal property, or any interest therein or lien thereon, is conveyed, granted, encumbered, assigned, or otherwise disposed of; nor receive any instrument …

in deed. Any party to a deed or the attorney who prepared the deed or other persons with personal knowledge may execute and file with the county clerk his or her affidavit to correct or supplement information regarding the marital status of any party to a deed, or to supplement o…

(1) Mortgages executed by corporations, authorized to operate railroads, motor transportation lines, electric light, heat and power plants, water plants, telegraph and telephone lines, pipelines for the transportation or distribution of natural or manufactured gas, or a mixture o…

Any person who, with actual or constructive notice of a recorded real property mortgage or vendor's lien, and without the written consent of the record holder thereof, purchases, severs or removes from the land covered by the mortgage or lien, any standing timber, buildings, mine…

Effect. (1) Liens by deed or mortgage may be discharged by an entry acknowledging their satisfaction on the margin of the record thereof, or in the alternative, at the option of the county clerk, in a marginal entry record, signed by the person entitled thereto, or his or her per…

satisfaction -- Assignments of liens -- Proceeding against lienholder in District Court or Circuit Court -- Liability of lienholder when lien not released or notice not sent -- Notice to state or lienholder -- Damages. (1) A holder of a lien on real property, including a lien pro…

Revocation. Powers of attorney to convey or release real or personal property, or any interest therein, may be acknowledged, proved and recorded in the proper office, in the manner prescribed for recording conveyances. If the conveyance made under a power, is required by law to b…

are issued. If a deed of trust or mortgage is made to a trustee or to a mortgagee to secure the payment of bonds or other obligations to be issued thereafter, the grantor in the deed of trust or the mortgagor in the mortgage, when or before such additional bonds or other obligati…

or revolving credit plan -- Priority of liens -- Mortgage amendment -- Release of lien. (1) As used in this section: (a) "Line of credit" means a note, commitment, instrument, or agreement in writing between a lender and a debtor pursuant to which: 1. The lender may extend loans,…

(1) No mortgage, conveyance, or other instrument or writing constituting a lien or other security for any note or other evidence of indebtedness shall be received for record by any county clerk unless such mortgage, conveyance, or other writing gives a mailing address of the lien…

(1) No action, cross-action, counterclaim, or any other proceeding, except actions for forcible detainer or forcible entry or detainer, commenced or filed in any court of this state, in which the title to, or the possession or use of, or any lien, tax, assessment or charge on rea…

(1) No attachment or execution, nor any levy or sale under either, shall in any manner affect the right, title to, or interest of a subsequent purchaser, lessee or encumbrancer without notice thereof of any real estate or any interest therein upon which such attachment or executi…

(1) The clerk shall number the notices filed under KRS 382.440 and 382.450, in the order in which they are received, shall endorse on each notice the day and hour of the receipt and the name of the person filing it and shall record the same in a book to be kept for that purpose. …

Any notice mentioned in KRS 382.440 and 382.450 may be discharged and annulled by an entry to that effect on the margin of the record thereof, or at the option of the county clerk, in a marginal entry record kept for the same purpose, signed by the person filing the notice or by …

(1) Notices of tax liens payable to the United States and certificates discharging such liens shall be filed by the collector of internal revenue, in duplicate, in the office of the county clerk of each county within which the property subject to the lien is located. (2) When a n…

(1) When a certificate of discharge of any tax lien issued by the collector of internal revenue is filed in the office of the county clerk where the original notice of the lien is filed, the county clerk shall enter the certificate, with the date of filing, in the federal tax lie…

The county clerk shall be entitled to receive from the Internal Revenue Service a fee pursuant to KRS 64.012 for each notice of tax lien so filed, and a like fee for each lien discharged.

Any county clerk shall receive for record and record any certified copy of any matter in reference to bankruptcy which any Act of Congress of the United States may provide for as being necessary to be filed in the county wherein lands of a bankrupt are situated in order to be not…

mortgage on real estate -- Superiority of lien -- Release of lien, when. (1) In all cases where a loan is secured by a real estate mortgage, the mortgage originally executed and delivered by the borrower to the lender shall secure payment of all renewals, extensions, or interest …

As used in KRS 382.792 to 382.796: (1) "Payee" means the person or entity who claims the right to receive or collect a private transfer fee payable under a private transfer obligation; (2) "Private transfer fee" means a fee or charge payable upon the transfer of an interest in re…

costs -- Buyer's waiver of rights void. On and after April 11, 2012: (1) Private transfer fee obligations, whether recorded or not, shall be prohibited and any contract, covenant, or other instrument that attempts to create a private transfer fee obligation shall be void and unen…

purchase contracts -- Civil remedies -- Buyer's waiver of rights void. On and after April 11, 2012: (1) Any contract or other instrument used for the sale of real property which obligates the buyer to pay a fee to the seller upon the subsequent resale of the real property, whethe…