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Acknowledgements Required for Deeds - In State, Out of
State and Foreign |
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The statutory requirements for
acknowledgements are as follows:
Deeds executed in the state (KRS
382.130)
Deeds executed in this state may
be admitted to record:
- On the acknowledgment, before the proper clerk,
by the party making the deed
- By the proof of two subscribing witnesses, or by
the proof of one subscribing witness, who also
proves the attestation of the other
- 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
- 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
- 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) or (4)
Signing by making an “X” or a
mark.
The following OAG’s 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 acknowledgment of his execution of the
deed may be validly taken before the notary, no
witnesses to the "mark" signature being necessary; the
acknowledgment certificate signed by the notary is
sufficient.
Deeds 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
acknowledgment 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.”
DEEDS EXECUTED IN A FOREIGN COUNTRY (KRS 382.150)
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 secretary of foreign affairs or a
notary public of the nation in which the
acknowledgment 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.
Fee is $2.00 for county clerk or
deputy acknowledging an instrument KRS 64.012 |
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Affidavit in Aid of
Title or Affidavit in Support of Title |
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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 document.
A County Clerk is a ministerial officer. 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. |
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Affidavit of
Conversion to Real Estate |
KRS 186A.297
Affidavit that converts a mobile home (which is Titled
Property) to real estate permanently. There is no
provision for converting back to Titled property. |
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Affidavit of Descent or
Affidavit of Heirship |
KRS 382.120 (Filed
when a person dies intestate or without a will)
Document must be: signed by the affiant and signature
notarized. KRS 382.130The 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 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.
Filing fee: $9.00, (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240)
Exceeding 3 pages, $2.00 per page (KRS 64.012) |
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Affidavit of Real Property Transfer Under Will or
Intestate Succession |
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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, section 4.
The affidavit, per KRS 382.135, section 4, must
include:
- Name of the deceased
- Names and address of persons receiving (the
grantees) each property passing by will or intestate
succession and
- The full or fair market value of each property
as estimated 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)
- 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.
Filing fee: $9.00 (Clerk $8.00
KRS 64.012; postage $1.00 KRS 382.240)
Exceeding three (3) pages $2.00 per page KRS 64.012 |
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Agreement for
Division Fence |
Persons owning adjoining lands may
agree to erect division fences between them and keep
them in repair.
If the agreement is reduced to writing, signed by the
parties to it and acknowledged or proven, as deeds are
required to be, it may be entered of record in the
office of the county clerk of the county in which the
land is situated, and shall have the same effect as a
deed.
First party and their mailing address (KRS 382.135,
KRS 382.200, KRS 256.020)
Second party and their mailing address (KRS 382.135,
KRS 382.200, KRS 256.020)
Legal description of all affected properties (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)
All parties must sign the document and all signatures
must be acknowledged.
Indexing information: The document is filed in the
deed book and indexed in the general index to deeds
and mortgages under all parties.
Filing fees: $9.00, (Clerk, $8.00; KRS 64.012 postage,
$1.00 KRS 382.240)
Exceeding 3 pages, $2.00 per page KRS 64.012 |
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Articles of
Incorporation |
(for Business
Corporations and Non Profit Corporations and
Associations)
KRS 271B.1 - 200 (Private Corporations)
KRS 273.252 (Non Profit Corporations)
The document must be:
- Executed by one of the officers authorized in
KRS 271B1-200(6) and KRS 273.252(6)
- Filed with the Secretary of State FIRST.
- The clerk is presented one exact or conformed
copy having the stamp of the Secretary of State.
Indexing Information: Indexed in corporate index and
filed in corporate records book under corporate name
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
Filing fee: $9.00 (Clerk $8.00
KRS 64.012; postage $1.00 KRS 382.240)
Exceeding three (3) pages $2.00 per page KRS 64.012
Note: Nonprofit corporations do not receive a reduced
fee. At one time, they did pay a lesser fee, but the
fee now is the same regardless. |
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Assignment of Mortgage |
| 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 per KRS 382.290(5), KRS 382.430(2), KRS
382.335
- Name of the party(ies) that executed the
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)).
Indexing information: The
document is indexed in the general index to deeds and
mortgages. The assignor is the first party. The
assignee is the second party.
At the option of the clerk, the
document may be linked to its respective referenced
instrument in the indexing system (KRS 382.290 (5), or
make a marginal entry or notation.
Filing fee: $9.00 (Clerk $8.00
KRS 64.012; postage $1.00 KRS 382.240)
*Note: Blanket assignments,
where more than one reference is being assigned in the
same document, require an additional fee of $3.00 for
each additional reference in order that the clerk may
make the notation in his records, KRS 382.290 & KRS
64.012.
IMPORTANT NOTE: The legal holder
of the instrument is the only entity that can record
an assignment. |
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Assignment of Rents and/or
Leases |
The document must have the following information:
- Name of the Borrower, Lessor, Assignor (KRS
382.430, KRS 382.220)
- Name address of the Lender, Assignee (KRS
382.290(2), KRS 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)
- A 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 acknowledged.
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 – See KRS 289.441 & KRS 304.7-230)
Indexing information: The
document is indexed in the general index to deeds and
mortgages under both parties. The borrower or
assignor is the first party, the lender or assignee is
the second party.
Filing fees: $12.00 (Clerk, $8.00
KRS 64.012; postage, $1.00 KRS 382.240; legal process
tax, $3.00 KRS 142.010)
Exceeding 3 pages, $2.00 per page
KRS 64.012
OAG 80-3 indicates this document
may be filed in the deed, mortgage or miscellaneous
book. It is the discretion of the clerk. However,
the OAG recommends the Mortgage book.
“*The legal process fee of $3.00
is included in this document also due to the wording
in OAG 80-3. “The instrument involved here is a
unique creature unto itself, but it contains the
characteristics of both a deed and a mortgage. It is
a straightforward transfer of an interest in realty
for a term and thus is like a deed. Yet it also
stands as a security for an obligation...”. Both deed
and mortgage require a legal process fee. |
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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).
Indexing Information: Indexed under the name of the
business and the owner in the assumed name registry or
corporate index. The first party is the individual.
The second party is the assumed name.
Filing fee: $9.00 (Clerk $8.00
KRS 64.012; postage $1.00 KRS 382.240) |
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Assumed Name Renewals |
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Assumed names are
effective for 5 years from the date of registration
and can be renewed by filing a renewal certificate 6
months prior to the expiration or renewal date. The
filing requirements for the renewal are the same as
for the original.
Filing fee: $9.00 (Clerk $8.00
KRS 64.012; postage $1.00 KRS 382.240) |
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Assumed Name
Withdrawals |
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Assumed name withdrawals are
prepared in a similar manner to the original
certificate, but it must include the “ 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.
Filing fee: $9.00 (Clerk $8.00
KRS 64.012; postage $1.00 KRS 382.240)
These documents do not require
that the signatures be notarized. |
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Bond to Release
a 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
judgement 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.
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. KRS
304-21.201 (2)(3) states that the county clerks will
be provided this list by March 1 of each year. These
companies can also be verified by contacting the
Kentucky Department of Insurance at 502-564-3630.
Their address is PO Box 517 Frankfort KY 40602-0517.
The surety bond is recorded along
with the release document.
The document must have:
- The name of the party asserting the lien
- The name of the party the lien is against
- The surety bond must be attached to the release
- There must be a place on the document for the
clerk's approval of the surety
- The bond must be double the amount of the lien
- A Preparation Statement KRS 382.335
- Reference where the lien is recorded (the book
and page)
The clerk shall request a return mail address (KRS
382.240)
Indexing: The first party is the
person producing the bond. The second party is the
person the lien is against.
Filing fee: $9.00 (Clerk $8.00
KRS 64.012; postage $1.00 KRS 382.240) |
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Bond to
Release a Mechanics Lien - Furnished on Public
Property |
KRS 376.250 House Bill 259
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:
- Cash
- A letter of credit from a bank
- 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, cashiers 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 the 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 (such as a will), or in a lock box or
safety deposit box.
It is important to treat a letter of credit as if it
was cash. It is the clerk’s backing for the bond. A
photocopy of the letter of credit is recorded along
with the release document.
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. KRS 304-21.201 (2)(3) states that
the county clerks will be provided this list by March
1 of each year. These companies can also be verified
by contacting the Kentucky Department of Insurance at
502-564-3630. Their address is PO Box 517 Frankfort KY
40602-0517.
The surety bond is recorded along with the release
document
The document must have:
- The name of the party asserting the lien
- The name of the party the lien is against
- The surety bond must be attached to the release
- There must be a place on the document for the
clerk's approval of the surety
- The bond must be double the amount of the lien
- A preparation Statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
Indexing: The first party is the person producing the
bond. The second party is the person the lien is
against.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240) |
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City
Assessments & Enforcement Liens |
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,
and 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, KRS 67A.795, KRS 67A.889, KRS 76.170, KRS
76.241, KRS 98.013, KRS 107.160, KRS 381.770, KRS
381.780
Recording requirements are the same as a Lis Pendens.
See Lis Pendens Section
The 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.
Indexing information: Indexed as a Lis Pendens, these
documents are filed in the encumbrance book and
indexed in the encumbrance index per KRS 382.460. They
are indexed under the names of each person whose
interest in the property is affected. The first party
is the property owner. The second party is the entity
asserting the lien.
Filing fee: $9.00, KRS 64.012 (Clerk, $8.00; postage,
$1.00)
Exceeding 3 pages, $2.00 per page. |
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Condominium Deeds |
| KRS 381.810 The
document must have the following:
- First party and their mailing address (KRS
382.135(1), KRS 382.200)
- Second party and mailing address (KRS 382.135(1)
KRS 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 & Page
reference to the master deed and cabinet and slide
to the floor plan (KRS 381.840, KRS 381.835)
- Preparation Statement (KRS 382.335)
- Consideration certificate (KRS 382.135)
The clerk shall request a return
mail address (KRS 382.240)
The grantors must sign the deed and the signatures
must be acknowledged (notarized). The grantor and
grantee must sign the consideration statement 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.
See the section on Consideration Certificate
for additional information.
Indexing information: The document is filed in the
deed book or condominium deed book, if one is
maintained. (OAG 62-517, the horizontal property act
does not require the establishment of a separate deed
book, although clerks may do so, if circumstances make
it desirable.) The document is indexed in the general
index to deeds and mortgages, unless a separate index
for condominiums is used, under both parties’ names.
The first party is the seller (grantor), the second
party is the buyer (grantee).
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.
Filing fee: $12.00 KRS 64.012 (Clerk $8.00; postage
$1.00 (KRS 382.240) legal process fee $3.00 KRS
142.010)
Exceeding three (3) pages $2.00 per page |
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Condominium Mortgages |
The document
requires:
- First party (mortgagor, borrower) (KRS 382.200)
- Second Party (mortgagee, lender) and their
mailing address (KRS 382.330 & KRS 289.441)
- Amount of the mortgage (KRS 382.330 & KRS
289.441)
- Maturity date-(except for revolving credit
accounts which do not require a maturity date)
Relating to obligations, if the document states “due
on demand” this requirement is satisfied. (KRS
382.330)
- Legal Description of the property (A source of
title is not required, however, it is desirable to
have) (Common Law and OAG 81-100)
- Preparation statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
Document must be: signed by the mortgagor(s) and the
signature(s) acknowledged (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.
Indexing information: The document is filed in the
mortgage book or condominium mortgage book, if a
separate one is maintained. The document is indexed in
the general index to deeds and mortgages. The first
party is the mortgagor (borrower) and the second party
is the mortgagee (lender). The document must also be
indexed in the condominium index, if one is
maintained.
Filing fees: $12.00, (Clerk, $8.00; KRS 64.012
postage, $1.00 KRS 382.240; legal process tax, $3.00
KRS 142.010)
Exceeding 3 pages, $2.00 per page KRS 64.012
Revolving credit accounts do not require a maturity
date. (KRS 382.330) |
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Consideration
Certificate |
| KRS 382.135 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.
In the case of a transfer other than by gift, or
with nominal or no consideration a sworn, 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, 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.
See Affidavits for specific filing requirements.
OAG 96-21 Deeds of nominal or no consideration and
deeds of gift require the statement stating the fair
market value of the property. |
|
Corporation's Lien
for Taxes |
(RECORDING; LIMITATION; PROCEDURE WHEN TAX IS
PAID; USE OF TAXES FOR MISCELLANEOUS PROVISIONS AS TO
DITCHES,DRAINAGE, AND RECLAMATION) KRS 269.180
The corporation shall have a lien for all taxes upon
the land assessed and upon all personal property of
the owners found upon the premises not exempt from
execution, attachment, or distraint.
Unless suit is commenced or proceedings had within ten
(10) years from July 1 of any particular year, the
lien for that year's taxes shall be lost.
After the action of the Circuit Court of the county
upon the assessment and apportionment, the circuit
clerk shall certify a copy of it to the county clerk,
Recording Requirements:
- Certified copy of the circuit court order and a
copy of the map showing the boundary of the
corporation
Index the lien in the real estate index as follows:
The first party is the owner of the property
The second party is the holder of the lien
(corporation)
Filing fees: $9.00, KRS 64.012. Clerk $8.00, Postage
$1.00,
Exceeding 3 pages $2.00 per page |
|
Declaration of Trust -
Business Trust |
KRS 386.420
The document must have the following:
- The individual(s) who is establishing the trust
- The name of the trust and or the trustee
- The trustee(s)
- Preparation Statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
The document may or may not be notarized.
Indexing information: The first party is the
individual(s) establishing the trust, the second party
is the name of the trust and to whom the trust is
granted.
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 make any
reference to a file stamped copy.)
Filing fees: $16.00, KRS 386.420, KRS 64.012 (Clerk,
$15.00; postage, $1.00) The statute does not provide
for a fee for extra pages. |
|
Deed of Correction |
A deed of correction may be prepared to clear up a
defect in title or to correct a mistake.
An example may be the number of acres, or a source of
title. A deed of correction does not convey
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.(KRS 382.135(2)(e).
The grantor must sign the deed and the signatures must
be acknowledged (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.
Indexing information: The document is filed in the
deed book and indexed in the general index to deeds
and mortgages under both parties. The first party is
the seller (grantor), the second party is the buyer
(grantee).
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.
Filing fees: $9.00, (Clerk, $8.00; KRS 64.012 postage,
$1.00 KRS 382.240)
Exceeding 3 pages, $2.00 per page KRS 64.012
A Deed of Correction does NOT require additional legal
process tax. |
|
Deed of Easement |
Definition (Black’s Law Dictionary):
A right of use over the property of another.
Traditionally the permitted kinds of uses were
limited, the most important being rights of way and
rights concerning flowing waters. The easement was
normally for the benefit of adjoining lands, no matter
who the owner was, rather than for the benefit of a
specific individual…
A right in the owner of one parcel of land, by reason
of such ownership, to use the land of another for a
special purpose not inconsistent with a general
property in the owner.
An interest which one person has in the land of
another. A primary characteristic of an easement is
that its burden falls upon the possessor of the land
from which it issued and that characteristic is
expressed in the statement that the land constitutes a
servient tenement and the easement a dominant tenant….
Document must have:
- Name of the grantor (KRS 382.200)
- Name of the grantee and their mailing address (KRS
382.135, KRS 382.200))
- Consideration statement signed by both parties
and notarized* (KRS 382.135)
- Legal description (Common Law and OAG 81-100)
- Address of each parcel
- Source of title (KRS 382.110)
- Preparation statement (KRS 382.335)
- Return mail address (KRS 382.335 & 382.240)
Document must be: signed and notarized in the same
manner as a deed. The grantor must sign the easement
and the signatures must be acknowledged (notarized).
The grantor and grantee must sign the consideration
statement and the signatures must be notarized. (KRS
382.135 & KRS 382.130)
*Documents that convey only utility easements do not
require a consideration certificate, but must have a
fair cash value.
To be recorded in the deed book and indexed in the
general index to deeds. Indexed under both parties and
each parcel affected. The first party is the seller
(grantor). The second party is the buyer (grantee).
Filing fee: $12.00 (Clerk, $8.00 KRS 64.012; postage,
$1.00 KRS 382.240; legal process tax, $3.00 KRS
142.010) Exceeding 3 pages, $2.00 per page.
**Documents with more than one address will be indexed
under each parcel and will require the additional
notation fee of $3.00 per extra notation. KRS 64.012.
|
|
Deed of Restrictions |
| AKA Deed of Restrictions and
Covenant or Deed of Covenants and Restrictions or Deed
of Restrictive Covenants. 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.)
The 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 description. For a
condominium, the name of condominium and the plat
reference and whether the restrictions apply to all
units or to specific units within the condominium
complex.
- Preparation Statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
The document must be: signed by the person or entity
imposing the restrictions on the property and the
signature notarized. (KRS 382.135 & KRS 382.130
Indexing information: Indexed in the index to deeds
(or condo index in some cases) under the names of the
grantor of the restrictions and under the name of the
subdivision etc. upon which they are being placed. The
first party is the owner(s) of the property, the
second party is the name of the subdivision or
condominium.
Filing fees: $9.00, (Clerk, $8.00; KRS 64.012 postage,
$1.00 KRS 382.240)
Exceeding 3 pages, $2.00 per page KRS 64.012
Covenants, restrictions and deed of restrictions are
addressed in part in OAG 80-616.
“A covenant running with the land is one so relating
the land, or which so ‘touches and concerns the land’
itself, that its benefit or obligation passes with the
ownership irrespective of the consent of subsequent
parties. Kentucky is among those jurisdictions
committed to the view that restrictive covenants
constitute property rights which run with the land.”
Therefore, a deed of restriction is recorded as a deed
and to the extent possible and has the same recording
requirements. No actual land is conveyed, therefore
the legal process fee is not charged. |
|
Deed of
Trust or Assignment for the Benefit of Creditors |
KRS 379.020 (AKA Bankruptcy Deed)
Definition for “Assignment for benefit of creditors” A
general assignment for benefit of creditors is
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. Black’s Law
Dictionary
Definition for 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. Black’s Law Dictionary
The document must have:
- First party (debtor seller, grantor) and their
mailing address (KRS 379.020, KRS 382.135, 382.200)
- Second party (Trustee) and their mailing address
(KRS 379.020, KRS 382.135, KRS 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 (KRS 382.335 & KRS 382.240)
The grantor must sign the deed and the signatures
must be acknowledged (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 greater part). KRS 382.110.
Filing fees: $12.00, (Clerk, $8.00; KRS 64.012
postage, $1.00 KRS 382.240; legal process tax, $3.00
KRS 142.010)
Exceeding 3 pages, $2.00 per page KRS 64.012
79.020 DEED OF ASSIGNMENT; RECORDATION; EFFECT OF
DEED; SCHEDULE OF ASSIGNOR
(1) 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.
(2) 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.
(3) 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. |
|
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)
- Consideration Statement (KRS 385.135)
- 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 acknowledged (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 greater part). KRS
382.110.
See the section on Consideration Certificate for
additional information.
Have included a Technical assistance bulletin from the
Revenue Cabinet. This details document requirements
associated with consideration.
Indexing information: The document is filed in the
deed book and indexed in the general index to deeds
and mortgages under both parties. The first party is
the seller (grantor), the second party is the buyer
(grantee).
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.
Filing fees: $12.00, (Clerk, $8.00; KRS 64.012
postage, $1.00 KRS 382.240; legal process tax, $3.00
KRS 142.010)
Exceeding 3 pages, $2.00 per page KRS 64.012
Original Signatures – All documents filed with
the county clerk must have an original signature
unless a specific statute states otherwise. The term
“execute” means as follows:
To complete; to make; to sign; to perform; … To
perform all necessary formalities, as to make and sign
a contract or sign and deliver a note. |
|
Electronic Signatures |
It is important to understand that the UNIFORM
ELECTRONIC TRANSACTIONS ACT specifically EXCLUDES THE
FOLLOWING:
- Wills, Codicils, or Testamentary Trusts
- Conveyance of any interest in real property
- The creation or transfer of any negotiable
instrument establishing title or an interest in
title
As it relates to Land Records, the word conveyance
includes deed, mortgage, assignment, release,
encumbrance, land use restriction, plat etc. All of
these documents convey an interest in real property.
As it relates to a Motor Vehicle Title, documents that
create or transfer a title cannot be signed
electronically.
KRS 369.103(2)(a)(c)(d) |
|
Engineers', Architects', Landscape Architects', Land
Surveyors', & Real Estate Broker Liens |
KRS 376.075
Any professional engineer, licensed architect,
licensed landscape architect, professional land
surveyor or real estate broker who performs
professional services or services as defined in KRS
322.010(4) for professional engineers, KRS 323.010(3)
for architects, KRS 323A.010(3) for landscape
architects, and KRS 322.010(10) for professional land
surveyors shall have a lien on the building,
structure, land, or project on which the services were
performed, to secure the amount of the charges for
services with interest as provided in KRS 360.040 and
costs.
Recording requirements:
- Must be filed in the office of the county clerk
of the county in which the property is situated
- Contain a statement of the amount due the
claimant, with all just credits and setoffs known to
him
- Have a description of the property intended to
be covered by the lien sufficiently accurate to
identify it (either the legal description or an
address)
- Have the name of the owner, if known
- Tell whether the services were furnished by
contract with the owner or with a contractor or
architect
- This statement shall be subscribed and sworn to
by the person claiming the lien or by someone in his
behalf
Any liens listed above that involve public
improvements will be governed by KRS 376.210
Recording and indexing requirements are the same as a
mechanics lien. See section on Mechanics Lien.
Filing fees: $9.00, (Clerk $8.00 KRS 64.012, Postage
$1.00 KRS 382.240)
Exceeding 3 pages $2.00 per p |
|
Environmental Protection - No Further Remediation
Letter |
Recording Requirements
The Environmental Protection Cabinet shall have a lien
against the real and personal property of a person
liable for the actual and necessary costs expended in
response to a release or threatened release or an
environmental emergency.
The cabinet's issuance of a No Further Remediation
Letter signifies a release from further
responsibilities for a remediation plan approved under
KRS 224.01-460 and any further responsibilities under
KRS 224.01-400 to undertake any other remedial action
on the site. The issuance of a No Further Remediation
Letter shall be considered prima facie evidence that
the site does not constitute a threat to human health
and the environment and does not require additional
remediation under KRS 224.01-400, if the site is
utilized in accordance with the terms of the No
Further Remediation Letter.
Recording Requirements KRS 224.01-460(4)
- Name of the person or entity (the Commonwealth)
issuing the letter
- Name of the entity receiving notice of "no
further remediation"
- An acknowledgement that the requirements of the
requirements of the remediation plan were satisfied
or are being satisfied;
- A description of the location of the property by
reference to a legal description or a plat showing
the property's boundaries;
- A preparation statement (KRS 382.335) (Most
liens prepared by Commonwealth of Kentucky do not
have a preparation statement)
The clerk shall request a return mail address (KRS
382.240)
The document must be signed by the Commonwealth or
their attorney or agent. The signature does not need
to be notarized.
Indexing information: The document will be filed in
the encumbrance book. The
first party is the Commonwealth of Kentucky. The
second party is the person or entity receiving the
notice.
The public entity shall record the No Further
Remediation Letter with the county clerk of the county
in which the property is located.
Filing fee: $5.00 (Clerk $5.00 KRS 64.012) |
|
Federal Tax Liens |
| AKA IRS liens and
releases The IRS prepares these documents. The liens
are filed against the taxpayer per KRS 382.480. The
specific statute is printed below.
Document must be: signed by the appropriate IRS agent.
They do not require notarization. KRS 382.480
Indexing information: The liens are indexed in the
encumbrance book. The first party is the taxpayer, the
second party is the government.
Filing fees: $8.00 KRS 64.012, KRS 382.500 (Clerk,
$8.00) |
|
Federal Tax Lien
Releases |
AKA IRS releases, AKA U S releases
The IRS prepares these documents. The releases are
filed per KRS 382.490.
The release must by prepared by the IRS or appropriate
U.S government entity. The release must by signed.
Indexing information: The first party is the entity or
agency releasing the lien, the second party is the
person the lien was filed against.
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. |
| Affidavit of Conversion to Real Estate |
Miscellaneous |
10.00 |
(1)(2)(7)(8) |
| Affidavit of Descent |
Deeds |
9.00 |
(1)(2)(8) |
| Agreement and Plan of Merger |
Corporate Records |
9.00 |
(1)(2)(8) |
| Articles and Amended Articles(Profit &
Nonprofit) |
Corporate Records |
9.00 |
(1)(2)(8) |
| Assignment of Mortgage |
Miscellaneous |
9.00 |
(1)(3)(8) |
| Assignment of Rents |
Deeds |
12.00 |
(1)(2)(5)(8) |
| Assignment of Vendor's Lien |
Miscellaneous |
9.00 |
(1)(3)(8) |
| Assumed Name |
Corporate Records |
9.00 |
(1)(8) |
| Assumption Agreement |
Mortgages |
12.00 |
(1)(2)(8) |
| Attest - Release (In House) |
Release |
3.00 |
(1)(8) |
| Bonds - Property as Surety |
Misc. Encumbrances |
21.00 |
(1)(5)(8) |
| Bond to Release Mechanic Lien |
Release |
9.00 |
(1)(3)(8) |
| Child Support Lien - In State |
Encumbrance |
5.00 |
(1)(2)(8) |
| Child Support Lien - Out of State |
Encumbrance |
11.00 |
(1)(8) |
| Child Support Lien Release - In State |
Release |
5.00 |
(1)(2)(8) |
| Child Support Lien Release - Out of
State |
Release |
11.00 |
(1)(8) |
| Condo - Deed |
Deeds |
12.00 |
(1)(2)(5)(8) |
| Contract Real Estate/Land |
Deeds |
12.00 |
(1)(2)(5)(8) |
| Declaration of Trust |
Deeds |
16.00 |
(1)(8) |
| Deeds |
Deeds |
12.00 |
(1)(2)(5)(8) |
| Deed of Correction |
Deeds |
9.00 |
(1)(2)(8) |
| Deed of Restrictions |
Deeds |
9.00 |
(1)(2)(8) |
| Dental or Other Professional Registry |
Registry |
8.00 |
(8) |
| Easement |
Deed |
12.00 |
(1)(2)(3)(5)(8) |
| Easement Release |
Deed |
9.00 |
(1)(2)(3)(8) |
| Encumbrance |
Encumbrances |
5.00 |
(1)(2)(8) |
| Encumbrance Release |
Release |
9.00 |
(1)(3)(8) |
| Fixture Filing |
Fixture |
17.00 |
(1)(5)(6)(8) |
| Inheritance Tax Lien |
Encumbrances |
5.00 |
(1)(8) |
| Inheritance Tax Lien Release |
Miscellaneous |
5.00 |
(1)(3)(8) |
| Judgment Lien |
Encumbrances |
9.00 |
(1)(2)(8) |
| Land Use Restrictions |
Deeds |
11.50 |
(1)(8) |
| Lease - Real Estate and/or Equipment |
Deeds |
12.00 |
(1)(2)(5)(8) |
| Limited Partnerships or Partnership
Agreement |
Corporate Records |
9.00 |
(1)(2)(8) |
| Lis Pendens Notice |
Encumbrances |
9.00 |
(1)(2)(8) |
| Lis Pendens Release |
Release |
9.00 |
(1)(3)(8) |
| Marital Agreement |
Deeds |
9.00 |
(1)(2)(8) |
| Master Deed for Condominiums |
Cond Deeds /Deeds |
9.00 |
(1)(2)(8) |
| Mechanic Lien |
Mechanic Liens |
9.00 |
(1)(8) |
| Mechanic Lien Release |
Release |
9.00 |
(1)(3)(8) |
| Mortgage |
Mortgages |
12.00 |
(1)(2)(5)(8) |
| Mortgage Modification Agreement |
Mortgages |
9.00 |
(1)(2)(8) |
| Mortgage (Real Estate) with Assignment |
Mort/Assign |
20.00 |
(1)(2)(5)(8) |
| Notice of Execution |
Encumbrances |
9.00 |
(1)(2)(8) |
| Option Agreement - Real Estate |
Deeds |
9.00 |
(1)(2)(8) |
| Plat(Does not include
any planning commission Fees) |
Plat Cabinet |
15.00 |
(8) |
| Power of Attorney |
Deeds |
12.00 |
(1)(2)(5)(8) |
| Release of Mortgage - Full or Partial |
Release |
9.00 |
(1)(3)(8) |
| Revocation of Power of Attorney |
Deeds |
9.00 |
(1)(2)(8) |
| Subordination Agreement |
Mortgages |
9.00 |
(1)(2)(8) |
| Tax Lien - Federal |
Encumbrances |
8.00 |
(8) |
| Tax Lien - State |
Encumbrances |
5.00 |
(8) |
| Tax Lien Release - Federal |
Release |
8.00 |
(3)(8) |
| Tax Lien Release - State |
Release |
5.00 |
(3)(8) |
| Will |
Wills |
8.00 |
(8) |
| Renunciation of Will |
Wills/Misc |
11.00 |
(1)(2)(4)(8) |
| Disclaimer of Will |
Wills/Misc |
9.00 |
(1)(2)(8) |
| Certified Copy |
|
5.00 |
(8) |
| |
|
|
|
| (1) Postage per KRS 382.240 has been included in
the above listed fees |
| (2) Add an additional charge of $
2.00 for every page over the standard amount of three. |
| (3) Add an additional charge of $3.00 for each
additional book or reference listed |
| (4) Clerk's Acknowledgement fee/notary fee per
name $ 2. |
| (5) Legal process tax |
| (6) Lien Release Fee included $5.00 |
| (7) Title Surrender fee $1.00 |
| (8) Clerk's fee |
| Effective 7-01-01 |
| Revised 5-14-04 |
Fees
1958 OAG 41,779. It is the duty of county officials to
charge the statutory fee, no more and no less, and the
officer has no right to waive such a fee, since this
would result in depriving the general fund of the
county of a particular source of revenue. |
| |
| FEE SCHEDULE FOR FIXTURE FILING, AS EXTRACTED
MINERAL AND TIMBER TO BE CUT. |
| UCC-1 |
17.00 |
(1)(2)(4)(5) |
| Assignment |
9.00 |
(1)(5) |
| Amendment |
9.00 |
(1)(5) |
| Continuation |
9.00 |
(1)(5) |
| Correction |
9.00 |
(1)(5) |
| Financing Statement with Built-in
Assignment |
25.00 |
(1)(2)(3)(4)(5) |
| Partial Release |
5.00 |
(5) |
| Fixture Filing |
17.00 |
(1)(2)(4)(5) |
| Lien Search Per Name (Plus copy charge
- varies by county) |
5.00 |
(5) |
| |
|
|
| (1) Postage per KRS
382.240 has been included in the above fees listed |
| (2) $5.00 release fee
included with filing |
| (3) Assignment fee is $
8.00 (no postage added) |
| (4) Legal process tax |
| (5) Clerk's fee |
| Effective
date 7-01-01 |
| Revised
11-15-02 |
|
Guardianship or Conservatorship for Disabled Persons |
KRS 387.590 TYPES OF GUARDIANS AND CONSERVATORS TO
BE APPOINTED; ORDER OF APPOINTMENT; FILING OF JUDGMENT
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 judgement is filed and indexed, it shall not
constitute notice to any 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)
Indexing information: The document must be indexed as
lis pendens or encumbrance. It is indexed in the
encumbrance index per KRS 382.460. The first party is
the respondent.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240) Exceeding three (3) pages $2.00 per
page KRS 64.012 |
|
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.
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 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 secretary of foreign affairs or a
notary public of the nation in which the
acknowledgment 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. |
|
Insurance
Proceeds File Search |
KRS 304.20-200 to KRS 304.20-250
Notification of insurer of existence of lien
If requested by an insurer the county clerk must
provide information on the existence of any certified
delinquent tax liens and the amount of the liens
within 15 days of the request. If the clerk fails to
respond within the time period the result is the liens
are considered to be terminated. The statute says,
“The insurer may rely conclusively upon the amount of
the taxes due as set forth in such notice of lien in
making any payments of proceeds to any person”.
The request must be made in person, sent by registered
or certified mail.
The request must include the following:
- The name of the property owner
- An address, legal description or provide the
means for the clerk’s office to sufficiently
identify the property.
- Return address is required
The clerk is required to search and report any
certified delinquent tax bills. This search does not
include a search of any current tax bill. The KBA has
issued the following opinion:
KBA U-30 (March 1981). A county clerk who complies
with KRS 304.20-210 and issues a statement indicating
the amount of all liens on a piece of property is
engaged in the unauthorized practice of law if he
examines records pertaining to city taxes, current tax
bills in the hands of the sheriff, or any tax bills
other than those that have been certified to him as
delinquent.
Clerk Fee - $5.00 KRS 304.20-210 |
|
Judgment Lien |
| AKA Notice of Execution The
document must have the following:
- Name of the person or entity bringing the action
(KRS 426.720 & 382.440)
- Name of the person or entity the judgment is
against (KRS 426.720 & 382.440)
- Amount of judgment, including principal,
interest rate, court costs and attorney fees (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 and KRS 426.720, section 3 (see below)
- Preparation Statement (KRS 382.335) (If the
document is prepared by a court it may not have a
preparation statement)
The clerk shall request a return mail address (KRS
382.240)
The document must be: signed by the judgment creditor
or his attorney. The signature does not need to be
notarized.
Required wording 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.
Indexing information: The document is filed in the
encumbrance book and indexed in the encumbrance
indexes under the name of the judgment debtor per KRS
426.720. The first party is the person the judgment is
against. The second party is the person or entity
bringing the action.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240) Exceeding three (3) pages $2.00 per
page KRS 64.012 |
|
Land Purchase Contract or
Contract for Deed |
Document must have:
- Name of the seller (KRS 382.200)
- Name of the buyer and their mailing address (KRS
382.335)
- Legal description of the property (Common Law &
OAG 81-100)
- Source of title (KRS 382.110)
- Preparation Statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
Document must be: signed and acknowledged (notarized)
by both parties. (Since this document is analogous to
a mortgage and a conveyance it needs to be signed by
both parties.) (Contract Law and KRS 382.130 & OAG
95-12)
Indexing Information: Document to be indexed in the
general index to deeds. The first party is the seller
or grantor. The second party is the buyer or grantee.
To be recorded in the deed book, indexed in general
index to deeds. The title remains with the seller
until the completion of the contract, at which time
the seller must tender a deed to the buyer.
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. OAG 95-12 &
Sebastin v. Floyd.
Filing fees: $12.00 (Clerk, $8.00 KRS 64.012; postage,
$1.00 KRS 382.240; legal process tax, $3.00 KRS
142.010)
Exceeding 3 pages, $2.00 per page KRS 64.012 |
|
Land Use Restrictions |
AKA: Variance, Conditional Use
Permits, Conditional Zoning
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. See Statute section for example of form.
Indexing information:
The documents are indexed under the name of the
property owner and, if applicable, name of subdivision
or development. All names are indexed as first
parties.
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.
Filing fees: $11.50, KRS 100.3681 (Clerk $10.50;
postage, $1.00 KRS 382.240) |
|
Lease |
The document must have the
following information:
- Name of the lessor (KRS 382.200)
- Name of the lessee and their
mailing address (KRS 382.335 & 382.200)
- Legal description (Common Law
and OAG 81-100)
- A 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 acknowledged (notarized). (KRS 382.130)
Indexing information: The document is filed in the
deed book and indexed in the general index to deeds
and mortgages. The first party is the lessor. The
second party is the lessee.
Filing fees: $12.00 (Clerk, $8.00 KRS 64.012; postage,
$1.00 KRS 382.240; legal process tax, $3.00 KRS
142.010)
Exceeding 3 pages, $2.00 per page KRS 64.012 |
|
Legal Process Tax |
| 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 three dollars ($3.00) on each power of
attorney to convey real or personal property;
- A tax of three dollars ($3.00) on each mortgage,
financing statement, or security agreement;
- A tax of three dollars ($3.00) on each
conveyance of real property; and
- A tax of three dollars ($3.00) on each lien or
conveyance of coal, oil, gas, or other mineral right
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, assignment 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.
EXEMPTION
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 7-1-86. |
|
Lien on Employer's Property for Unemployment
Compensation Contributions |
KRS 341.310
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 encumbrance 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.
Recording and indexing requirements are the same as
State Tax Liens. See section on State Tax Liens.
Filing fee: $5.00, KRS 64.012 (Clerk, $5.00)
LIEN RELEASE
Recording and indexing requirements are the same as
State Tax Lien Releases. See section on State Tax Lien
Releases.
The Commonwealth is the entity asserting the lien and
the only entity that can release the lien.
Filing fee: $5.00, KRS 64.012 (Clerk, $5.00) |
|
Lien on Farm
Crop for Service by Custom Operator |
KRS 376.135
Any custom operator who performs a service on a farm,
including but not limited to filling of silos, hay
baling and crop spraying, by contract with, or by the
written consent of the owner or manager of the farm,
shall have a lien upon the farm crop involved to
secure the cost of the service furnished.
Recording requirements for the lien and the lien
release and associated fees are the same as Mechanics
Liens – See this section for detailed information. |
|
Lien on Gas,
Oil or Other Mineral Leasehold |
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, by contract with or by
the written consent of the owner or the agent or
representative of the owner of the leasehold, shall
have a lien on 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.
Recording requirements for the lien and the lien
release and associated fees are the same as Mechanics
Liens – See this section for detailed information.
When necessary for the purposes of such application,
"owner" shall be construed to mean "lessee" and
"property" to mean "leasehold."
Filing fees: $9.00, (Clerk $8.00 KRS 64.012, Postage
$1.00 KRS 382.240)
Exceeding 3 pages $2.00 per page
LIEN RELEASE
Filing fees: $9.00, (Clerk $8.00 KRS 64.012, Postage
$1.00 KRS 382.240)
Exceeding 3 pages $2.00 per page |
|
Lien on Forfeited
Property, Lien on Forfeited Property Renewal & Release
of Lien |
The Commonwealth may file on the official records
of any one (1) or more counties a forfeiture lien
notice of the lien created by statutes in Chapter
218A.
Recording Requirements
The forfeiture lien notice shall be signed by an
attorney authorized to institute a forfeiture action
on behalf of the Commonwealth. The notice shall set
forth the following information:
Name of the entity asserting the lien (The
Commonwealth);
The name of the owner of record of the property
subject to the lien if known;
The name of the defendant;
A description of the property which is subject to the
lien;
The date and place of seizure or location of any
property not seized but subject to forfeiture;
The violation of law alleged with respect to
forfeiture of the property;
A reference to any judicial proceeding pending against
the property with reference to forfeiture.;
The name of the county or counties where the
proceeding has been brought;
The case number of the proceeding (if known);
The name of the defendant;
The name and address of the attorney filing the
forfeiture lien notice.
Indexing Information: The first party is the name of
the property owner and the defendant. The second first
party is the Commonwealth
Filing fee: NONE
RELEASE LIEN
The Commonwealth is the entity asserting the lien and
the only entity that can release the lien.
Filing fee: NONE
FORFEITURE LIEN RENEWAL KRS
218A.450
The term of a forfeiture lien notice shall be for a
period of six (6) years from the date of filing unless
a renewal forfeiture lien notice has been filed, and,
in such case, the term of the renewal forfeiture lien
notice shall be for a period of six (6) years from the
date of its filing. The Commonwealth shall be entitled
to only one (1) renewal of the forfeiture lien notice.
Filing fee: NONE
FORFEITURE LIEN RELEASE KRS 218A.450
The attorney who filed the forfeiture lien notice may
release in whole or part any forfeiture lien notice or
may release any personal or real property or interest
in it from the forfeiture lien notice upon the terms
and conditions he determines. Any executed release of
a forfeiture lien notice shall be filed in the
official records of any county. No charge or fee shall
be imposed for the filing of any release of forfeiture
lien notice.
Indexing Information: The first party is the
Commonwealth. The second party is the name of the
property owner and the defendant
Filing fee: NONE |
|
Lien on Property of
Employer Who Violates Provisions of Occupational
Safety and Health of Employees |
KRS 224.01-465
A lien may be placed on all property, both real and
personal, of an employer who has violated any
requirement of the statutes on Occupational Safety and
Health of Employees. The lien shall be in favor of the
Labor Cabinet and shall be an amount totaling the
penalties due, together with interest at a rate of
twelve percent (12%) per annum from the date the order
of the review commission is final, but not before all
administrative and judicial appeals have been
exhausted.
The lien shall be attached to all property and rights
to property owned or subsequently acquired by the
employer.
Recording Requirements
The commissioner of the Labor Department(or his
designee) shall record the lien.
The lien will be against the name and last known
address of the employer against whom the assessment
was made
The lien shall show the date on which the citation was
issued, the date of the violation.
The amount of penalties and interest
The lien shall be superior to the lien of any mortgage
or encumbrance thereafter created and shall continue
for ten (10) years from the time of the recording,
unless sooner released or otherwise discharged.
Lien to be filed in the following offices
The lien shall be filed in any of the following
offices in which the employer owns property or rights
to property.
(a) The office of the county clerk of the county in
which the defendant employer resides.
(b) The office of the county clerk of the county in
which the defendant employer has its principal place
of business.
(c) The office of the county clerk of any county in
which the defendant employer has property or an
interest in property.
Indexing information: The first party is the employer.
The second party is the Labor Cabinet.
Clerk fees: NONE All filing fees have
been waived by statute KRS 338.201(2) |
|
Lien
on Property of Employer Who Violates Provisions of
Wage & Hours |
KRS 337.075
A lien may be placed on all property, both real and
personal, of an employer who has been assessed civil
penalties by the commissioner for violations of the
statutes on wages and hours. The lien shall be
attached to all property and rights to property owned
or subsequently acquired by the employer.
Document Requirements
The commissioner of the Labor Department (or his
designee) shall record the lien.
The lien shall show the date on which the notice of
violation was issued.
The date of the violation..
The name and last known address of the employer
against whom the assessment was made.
The amount of unpaid wages, penalties, and interest..
The lien shall be superior to the lien of any mortgage
or encumbrance thereafter created and shall continue
for ten (10) years from the time of the recording,
unless sooner released or otherwise discharged.
Lien to be filed in the following offices
- The lien shall be filed in any of the following
offices in which the employer owns property or
rights to property.
- The office of the county clerk of the county in
which the defendant employer resides.
- The office of the county clerk of the county in
which the defendant employer has its principal place
of business.
- The office of the county clerk of any county in
which the defendant employer has property or an
interest in property.
Recording and indexing requirements are the same as
State Tax Liens. See section on State Tax Liens.
The Commonwealth is the entity asserting the lien and
the only entity that can release the lien.
Clerk fees: NONE All filing fees have
been waived by statute KRS 337.075(2) |
|
Lien on
Real Property Penal Code Offenses |
KRS 532.164
Any convicted person owing fines, court costs,
restitution, or reimbursement before or after his
release from incarceration shall be subject to a lien
upon his interest, present or future, in any real
property.
The real property lien shall be filed in the circuit
clerk's office of the county in which the person was
convicted and shall also be filed by the Commonwealth
in any county in which the convicted person is known
to own property or reside.
The lien may be foreclosed upon in the manner
prescribed in KRS Chapter 426 and shall remain valid
until satisfied. The lien shall constitute a charge
against the estate of any decedent owing moneys under
this chapter.
The attorney for the Commonwealth, and not the crime
victim shall prepare and file lien documents for
moneys to be restored to the crime victim.
The manner of filing, recording, and releasing the
lien shall be consistent with the provisions of KRS
Chapter 376.
See section on Mechanics Lien for recording
requirements
Filing Fee: The attorney for the Commonwealth shall
pay to the county clerk five dollars ($5) which shall
be assessed as court costs for the filing of any lien
upon real estate.
This $5.00 includes the release per KRS
532.164 (5).
The filing fee shall constitute payment for both
filing and release of the lien. The attorney for the
Commonwealth shall notify the appropriate county clerk
that the lien has been satisfied within ten (10) days
of satisfaction. |
|
Lis Pendens |
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 persons that the title to certain
property is in litigation and that they are in danger
of being bound by adverse judgement.
The document must have the following information:
- The name of the person (s) or entity that has
interest in the land the lien is being filed
against. (KRS 382.440)
- The name of the person or entity bringing the
action (KRS 382.440 & 382.335)
- A 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)
- A 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)
The 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.
Indexing information: Lis pendens are filed in the
encumbrance book and indexed in the encumbrance index
per KRS 382.460. They are indexed under the names of
each person whose interest in the property is
affected. The first party is the person the lien is
filed against. The second party is the person bringing
the action.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240) Exceeding three (3) pages $2.00 per
page KRS 64.012 |
|
Lis Pendens - Notices
Concerning Proceedings in Bankruptcy |
382.510
Any county clerk shall receive for record and record
any certified or attested 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 notice of said bankruptcy.
The document must have the following information:
- The name of the person involved in bankruptcy
proceeding (KRS 382.510)
- The trustee in bankruptcy or receiver (KRS
382.510)
- A legal description of the land involved IF
there is land involved (KRS 382.440)
- The document must state the bankruptcy case
number in which the action is pending (KRS 382.440)
- A 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)
The 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.
The statute says these are to be recorded in the deed
book.
Indexing information: This document is filed in the
deed book and indexed in the deed index per KRS
382.460. They are indexed under the names of each
person whose interest in the property is affected. The
first party is the person involved in the bankruptcy
(grantor). The second party is the person bringing the
action, the name of the trustee in bankruptcy or
receiver (grantee).
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240) Exceeding three (3) pages $2.00 per
page KRS 64.012 |
|
Living Will / Health Care
Surrogate |
KY OAG 90-92
The Attorney General’s office has written an opinion
on this subject. This opinion states that we should
not record either of these documents at our office.
The logic they have used is valid. We are not open
nights or weekends when this type document could be
vital. The statutes do not direct recording this
document in a public office. |
|
Marginal Releases -
Using an In-House Form |
KRS 382.360 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 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 that it 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.
Fee is $3.00 KRS 64.012
It is the recommendation of the Kentucky County Clerks
Association to avoid releasing or assigning documents
in the margin of a book even though the statutes still
provide for this method. (Books that have information
that changes cannot be microfilmed.) An alternative to
this process is to use an in-house form.
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, 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 holder, and the book and page of the
document to be released, is the correct document. See
Penalties sections KRS 382.990.
|
|
Marital Agreement |
AKA Prenuptial Agreement or
Antenuptial Agreement
This document is entered into by two parties entering
a marriage, that wish to 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 & 382.335)
- A preparation statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
The document must be signed and acknowledged
(notarized) by both parties. (KRS 382.130)
Indexing information: Based on the order of names on
the document the first party is the first party listed
on the document. The second party is the second party
listed on the document.
The statutes are silent on which index and book this
document should be recorded in, but it is important
for the integrity of records that clerk’s are
consistent within their own county. In other words, if
you previously recorded these documents in the general
index to deeds and mortgages and put them in the deed
book, make sure you consistently record them in the
same index and book.
Filing fees: $9.00, KRS 64.012 (Clerk, $8.00; postage,
$1.00)
Exceeding 3 pages, $2.00 per page |
|
Master Condominium
Deed |
The Horizontal Property Act of 1962 (OAG 62-517)
does not require the establishment of a separate deed
book, although clerks may do so at their discretion if
circumstances make it desirable.
The master deed establishes a Horizontal Property
Regime per KRS 381.815 and 381.810. Definitions
regarding horizontal property are found in KRS 381.810
and recording requirements are listed in KRS 381.835.
The document must have:
- The name of the property owner (KRS 382.200)
- The name of the condominium (KRS 382.200 &
382.335)
- Description of the land (KRS 382.835)
- General description and the number of each unit
(KRS 381.835)
- Preparation statement (KRS 382.335)
- A set of the floor plans must be filed
simultaneously with the master deed. These are
recorded in the condominium plat records, or the
regular plat records, if a separate set of plat
records is not maintained. (KRS 381.835)
The property owner must sign the document, and the
signature must be acknowledged (notarized). (KRS
382.130)
The clerk shall request a return mail address (KRS
382.240)
Indexing information: The document is indexed in the
general index to deeds. (It is also indexed in the
condominium index, if a separate one is kept.) The
first party is the property owner. The second party is
the name of the condominium.
Filing fees: $9.00 (Clerk, $8.00 KRS 64.012; postage,
$1.00 KRS 382.240)
Exceeding 3 pages, $2.00 per page KRS 64.012
Legal Process Tax does not apply to this document.
Real Estate Transfer Tax does not apply to this
document. |
|
Master Form for
Mortgages |
KRS 382.295
Kentucky law provides that a “Master Form for a
Mortgage” may be filed in the county clerk’s office of
any county. After this document has been recorded
other mortgage documents can incorporate a reference
to this document. The incorporation of the reference
shall have the same effect as if the provisions of the
master form had been set forth fully in the mortgage.
Recording requirements
- Must be entitled on the face"Master form
recorded by ______" (name of the person causing the
instrument to be recorded) (KRS 382.395)
- Contain forms of covenants, conditions,
obligations, powers, and other clauses of a mortgage
(KRS 382.295)
- The name of the person or entity causing it to
be recorded (KRS 382.295)
- The instrument does not need to be acknowledged
(KRS 382.295)
- Preparation statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
Indexing information: The county clerk shall index the
instrument under the name of the person causing it to
be recorded in the manner provided for miscellaneous
instruments
Filing fees: $9.00, KRS 64.012. Clerk $8.00, Postage
$1.00,
Exceeding 3 pages $2.00 per page
(Legal process fee would not apply to this instrument.
When an actual mortgage is filed the legal process fee
would apply to that document) |
|
Master Form Mortgage -
Incorporation into other Mortgages |
After the Master Form Mortgage is recorded, any of
the provisions of such master form instrument may be
incorporated by reference in any mortgage or real
estate if:
- the reference in the Mortgage states that the
master form instrument was was recorded in the
county in which the mortgage is offered for record
- the Mortgages states the date when the master
form instrument was recorded
- The Mortgage states the book and page where the
master form instrument was recorded
Then:
- The recording of any mortgage, which has the
reference of the Master Form Mortgage incorporated
into the document, will have like provisions of the
Master Form Mortgage
|
|
Mechanics Lien |
AKA Materialman's Lien
KRS 376.010, KRS 376.080
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, KRS 376.420)
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:
- The name and address of the claimant (asserting
the lien) (KRS 376.080)
- The 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 & KRS 376.080)
- 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).
Filing fee: $9.00, KRS 64.012 (Check, $8.00; postage,
$1.00)
Clarification for above requirements:
1. Claimant - if claimant is a corporation, the
document must contain the name and address of the
corporation’s process agent. (KRS 376.080)
2. Owner – means an owner in fee simple, but also an
owner under an executory contract.
Example for personal property: serial numbers, make,
model or licensing information. On horses, the horse
is a three year old, brown colt known as ABC out of
LWP by KLM.) |
|
Mechanics Lien furnished on
Public Property |
KRS 376.210
A lien for labor, material or supplies furnished for
the construction, maintenance, or improvement of
public property. Unlike other mechanics liens the lien
is not on the property owned by the state, a
subdivision or agency thereof, or by any city, county,
urban-county, or charter county government. If the
property improved is owned by the state or by any
subdivision or agency thereof, or by any city, county,
urban-county, or charter county government, the person
furnishing the labor, materials, or supplies shall
have a lien on the funds due the contractor from the
owner of the property improved. KRS 376.210
KRS 376.230(2) In all cases where a lien is claimed
for labor, materials or supplies furnished for the
improvement of any bridge, public highway or other
public property owned by the state or by any county or
city, the statement of lien shall be filed only in the
county clerk's office of the county in which the seat
of government of the owner of the property is located.
The county clerk, upon the filing of the statement,
shall make an abstract and entry thereof as now
provided by law in case of mechanics' liens in the
same book used for that purpose, and shall make proper
index thereof. The clerk shall be paid by the party
filing the claim, and for attesting any copy of the
lien statement. If he is required to make the copy, he
may make an additional charge as provided by law. The
clerk's fees shall be determined pursuant to KRS
64.012.
The document must have the following:
- The name and address of the claimant (asserting
the lien) (KRS 376.230)
- The name of the contractor, subcontractor or
authorized agent and the property owner (the
person(s) whom the lien is asserted against) (KRS
376.230)
- The lien is filed against the funds due the
contractor from the owner of the property and the
property owner's name must be listed (KRS
376.230(1))
- Description of improvement associated with the
claim
- The lien must state the amount due (KRS 376.230)
- Preparation statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
The lien must be: signed by the person claiming the
lien or someone on his behalf. 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).
Filing fees: $9.00, (Clerk $8.00 KRS 64.012, Postage
$1.00 KRS 382.240)
Attested copy fee KRS 64.012 (Clerk $2.00) |
|
Medicaid Program Lien |
This is a lien filed by the Commonwealth against
all property of any provider or recipient who is found
to have defrauded the Medicaid program. The notice of
the lien is to be recorded like a lis pendens KRS
205.8471(3). The statute allows for partial releases
as well as full releases of this lien. The
Commonwealth would be the legal entity to record the
lien or to release the lien. The recording and release
fees associated with this document would be the same
as a state tax lien.
The document must have the following information:
- The person or entity (Commonwealth of Kentucky)
asserting the lien (KRS 382.440 & 382.200)
- The person, persons or entity upon who the lien
is being filed against (KRS 382.440 & 382.200)
- A legal description of the land involved if
available (KRS 382.440)
- The document must state the type of lien in
which the action is pending (KRS 382.440)
- A preparation statement (KRS 382.335) (Most
liens prepared by Commonwealth of Kentucky do not
have a preparation statement)
The clerk shall request a return mail address (KRS
382.240)
The 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.
Indexing information: Medicaid Program Liens are filed
in the encumbrance book and indexed in the encumbrance
index per KRS 382.460. They are indexed under the
names of each person whose interest in the property is
affected. The first party is the person or entity the
lien is filed against. The second party is the
Commonwealth.
Filing fee: $5.00, KRS 64.012 (Clerk, $5.00) |
|
Military Discharge |
| KRS 422.090
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
-
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
-
The personal
representative of the veteran's estate
Discharge papers shall be subject
to discovery under the federal and Kentucky rules of
criminal and civil procedure.
The county clerk shall comply
with any proper court order pertaining to discharge
papers.
Although the statutes are silent
many Kentucky County Clerks do not charge for
certified copies of military discharge records. |
|
Mortgage |
AKA Indenture of Trust
The document must have:
- First party (mortgagor, borrower, grantor,
trustor) (KRS 382.200)
- Second party (mortgagee, lender, grantee,
trustee) and their mailing address (KRS 382.335 &
KRS 382.430, 382.200)
- Amount of the mortgage (KRS 382.330, KRS
289.441)
- Maturity date-(except for revolving credit
accounts which do not require a maturity date)
Relating to obligations, if the document states “due
on demand” this requirement is satisfied. (KRS
382.330, KRS 382.380)
- Legal Description of the property (A source of
title is not required, however, it is desirable to
have) (Common Law and OAG 81-100)
- Preparation statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
Document must be: signed by the mortgagor(s)and the
signature(s) acknowledged (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.
Indexing information: The document is filed in the
mortgage book. The document is indexed in the general
index to deeds and mortgages. The first party is the
mortgagor (borrower) and the second party is the
mortgagee (lender) .
Filing fees: $12.00, (Clerk, $8.00; KRS 64.012
postage, $1.00 KRS 382.240; legal process tax, $3.00
KRS 142.010)
Exceeding 3 pages, $2.00 per page KRS 64.012
Revolving credit accounts do not require a maturity
date. (KRS 382.330)
A recorded mortgage can ONLY be corrected by
preparing a new document. |
|
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 (example:
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)
The borrower (mortgagor) must sign the document. (OAG
94-32) The signatures must be notarized (acknowledged)
(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.
Indexing information: The document is filed in the
mortgage book. The document is indexed in the general
index to deeds and mortgages. The first party is the
mortgagor (borrower) and the second party is the
mortgagee (lender).
Filing fees: $9.00, (Clerk, $8.00; KRS 64.012 postage,
$1.00 KRS 382.240)
Exceeding 3 pages, $2.00 per page KRS 64.012
Revolving credit accounts do not require a maturity
date. (KRS 382.330)
Excerpts from OAG 94.32
Assuming that a given extension of a mortgage meets
general requirements for recordation of a mortgage
(see, for example, KRS 382.270 and 382.330), an
extension of a mortgage may be recorded on the same
basis as a mortgage.
There is no statutory reference to a “Mortgage
Modification”. The statutes refer to a Mortgage
Amendment (KRS 382.385(4)) and it only allows one type
change – that is to reduce or decrease the maximum
amount of credit specified in the mortgage.
Additionally a mortgage maturity date can be extended
(KRS 413.100 and OAG 94.32).
Any other change to a mortgage must be accomplished by
filing a mortgage. This is not a document to correct
or fix problems. |
|
Notice of Transfer and Assignment of Personal Property |
KRS 404.020 Property Rights: Contract Rights;
Transfer of Personal Property Between Husband and Wife
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, 2001 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 property (KRS 404.020)
- Signature of party that gave, transferred or
assigned the property (KRS 404.020)
- Signature must be acknowledged (KRS 404.202)
- Preparation statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
Indexing information: The document is indexed in the
general index to deeds and mortgages under the names
of the Husband and Wife.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240) Exceeding three (3) pages $2.00 per
page KRS 64.012 |
|
Option Agreement |
These documents grant a party the
option to purchase real estate for a specified period
of time. KRS 382.090
The document must have the following:
- First party (KRS 382.200)
- Second party and their mailing address (KRS
382.335 & 382.200)
- Legal description (Sometimes only the address is
given, but the legal is preferred) (Common Law & OAG
81-100)
- Preparation statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
The document must be: signed by the grantor and the
signature must be notarized. KRS 382.090 & 382.130
Indexing information: The document is recorded in the
deed book. It is indexed in the general index to deeds
and mortgages under the names of both parties. The
first party is the grantor. The second party is the
grantee.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240)
Exceeding three (3) pages $2.00 per page KRS 64.012 |
|
Partnerships |
| KRS 362.425, KRS
362.407 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.
Indexing information: These are filed in the corporate
records and indexed under the name of the partnership.
KRS 271B.1-200.
Filing fees: $9.00, (Clerk $8.00 KRS 64.012, Postage
$1.00 KRS 382.240)
Exceeding 3 pages, $2.00 per page. |
|
Phony or Illegal Liens |
KRS 434.155
This statute does not give the County Clerk’s office
any right to refuse the lien as long as the lien has
the correct filing information.
In other words, if the document meets the recording
requirements, the clerk’s office is obligated to
record the document.
KRS CHAPTER 434.155
(1) A person is guilty of filing an illegal lien when
he files a document or lien that he knows or should
have known was forged, groundless, contained a
material misstatement, or was a false claim. It shall
be an affirmative defense that any material
misstatement was not intentional.
(2) Filing an illegal lien is a Class D felony for the
first offense, a Class C felony for any second
offense, and a Class B felony for any subsequent
offense |
|
Plats - Condominium (Floor
Plans) |
Simultaneously with the recording of the Master
Deed (Lease) there shall be filed in the office of the
county clerk a set of the floor plans of the building
or buildings. KRS 381.835. A condominium plat must
have prior approval from the planning commission to be
recordable in Jackson County.
Condo Plats (Floor Plans) require:
- The layout, location, unit numbers and
dimensions of the units,
- The name of the property or that it has no name,
- Certification from a registered architect or
professional engineer that the plans fully and
accurately depict the layout, location, unit numbers
and dimensions of the units as built.
- If the plans do not include a verified statement
by such architect or engineer that such plans fully
and accurately depict the layout, location, unit
numbers and dimensions of the units as built, there
shall be recorded prior to the first conveyance of
any unit an amendment to the declaration to which
shall be attached a verified statement of a
registered architect or professional engineer so
certifying as to the plans theretofore filed, or
being filed simultaneously with such amendment.
Recording/Indexing Requirements:
- The plans shall be kept by the recording officer
in a separate file for each property,
- Indexed in the same manner as a conveyance
entitled to record,
- Numbered serially in the order of receipt,
- Designated "condominium ownership"
- The name of the property, if any,
- Reference to the recording of the declaration.
Filing fee: $15.00, per KRS 64.012
Condominium plats (floor plans) are not required to go
through the planning commission.
However additional expense fees may be charged as
similar to the plats if the planning commission
requires consistency for the preparation of a blue
line. |
|
Plats -
without planning commissions |
A deed and a plat are two legal
instruments that relate to each other. Therefore, it
can be argued that many of the requirements for a deed
are also requirements for a plat. Refer to OAG 83-237
“…A deed is a present grant of an interest in real
estate. 26 C.J.S., Deeds, § 1, pp. 581-582. The court
said in Terrill v. Kentucky Block Cannel Coal Co., 290
KY. 35, 160 S.W.2d 326 (1942), that if the effect of
an instrument, regardless of what it is called, is to
sever the estate and to vest title to a certain part
of it in another, it is a deed. A deed to be valid
must pass some present interest vesting in the grantee
upon delivery thereof. Spicer v. Spicer, 314 KY. 560,
236 S.W.2d 474 (1951). Of course, a deed, to be valid,
must contain a description of the property to be
conveyed. The test as to sufficiency of description in
a deed is whether the land can actually be located
therefrom. Casteel v. Pennington, 228 KY. 206, 14
S.W.2d 753 (1929).
The statutes provide the following document
requirements for a plat:
- The plat cannot exceed 24 inches x 36 inches in
size (KRS 100.283)
- The plat requires the surveyor's certification,
signed and dated and his seal. (KRS 322.400)
The statures do not give additional specific
requirements for plats, however the fact that a survey
or plat describes the land, it is presumed that the
survey or plat must have:
- The owner's signed certification; signature must
be notarized
- Source of title
The purpose of a plat or survey is to provide a map
of the property. Land Survey is defined in KRS
322.010. Part of the definition includes:
a. Determination or establishment of the facts of
size, shape, topography, and acreage;
c. Subdivision, division and consolidation of lands;
f. Preparation of physical written description for use
in legal instruments of conveyance or real property
and property rights:
g. Preparation of subdivision record plats
Indexing information: Plats are indexed under their
name. Plats are placed in either plat books or
cabinets in most cases. The first party is the owner.
The second party is the plat name.
Filing fee: $15.00 ($15.00 clerk fee) |
|
Power of Attorney |
Filing requirements
for a power of attorney to convey or release property
are the same as required for recording a deed KRS
382.370.
Document must have the following information:
- Name of the person granting the power of
attorney (grantor) (KRS 382.200)
- Name of the person receiving the power of
attorney (grantee) (KRS 382.200)
The clerk shall request a return mail address (KRS
382.130)
Document must be:
- Signed by the grantor (KRS 382.370 & 382.130)
- Acknowledged (Notarized) (KRS 382.370 & 382.130)
- A preparation statement is not required
(AGO-62-1100)
Indexing information: The parties are indexed in
the general index to deeds and mortgages and the
document filed in deed book. The first party is the
person granting the power of attorney. The second
party is the person receiving the power of attorney.
There are two types: general, which grants full power,
and specific, that allows only a specific act or acts.
Filing fees: $12.00 (Clerk, $8.00 KRS 64.012; postage,
$1.00 KRS 382.240; legal process tax, $3.00 KRS
142.010)
Exceeding 3 pages, $2.00 per page KRS 64.012
This document must be filed at the same time as
recording a deed or mortgage signed by the power of
attorney or the document must be on file in the county
which the land record is being recorded. The deed book
and page number are to be included in the document
being filed.
The statutes are clear that relating to real estate
documents a Power of Attorney must be recorded in the
manner prescribed for recording a conveyance. The
signature must be an original. The names of the
grantor and grantee must be within the body of the
document not attached as an exhibit. No copies are
accepted (unless the POA is a certified copy from
another filing officer). The term executed means
signed. (Black’s Law Dictionary)
Conversation with the Attorney General’s office: (July
24, 2001)
KRS 382.370 states that a POA to convey real estate
must be recorded in order to convey real estate. It
follows, as a matter of sound practice there should be
some showing that a POA is authorized for real estate
conveyance. Absent that proof we would be accepting a
deed that may not be eligible for recording.
(Conversation with Gerard Gerhard (Attorney General’s
office)
The clerk’s office is acting within appropriate
discretion as it relates to conveyance of real estate.
Unless the POA is recorded it is not effective. The
clerk is within bounds and would perhaps be remiss if
they did not request proof of recordation. Absent that
information we cannot know if the deed is recordable.
(Conversation with Gerard Gerhard (Attorney General’s
office) |
|
Power of Attorney
Revocation |
The document has the same
requirements as a Power of Attorney. (KRS 382.370)
Document must have the following information:
- Name of person revoking the power of attorney (KRS
382.200)
- Name of person being removed from the power of
attorney (KRS 382.200)
The clerk shall request a return mail address (KRS
382.130)
Document must be:
- Signed by the grantor (KRS 382.370 & 382.130)
- Acknowledged (Notarized) (KRS 382.370 & 382.130)
- A preparation statement is not required
(AGO-62-1100)
Indexing information: The parties are indexed in
the general index to deeds and mortgages and the
document filed in deed book. The first party is the
person revoking the power of attorney. The second
party is the person being removed as the power of
attorney.
Filing fees: $9.00 (Clerk, $8.00 KRS 64.012; postage,
$1.00 KRS 382.240)
Exceeding 3 pages, $2.00 per page KRS 64.012 (The
legal process tax does not apply to the release)
In order to record a POA Revocation there must be two
parties. Refer to KRS 382.370 Basically this
statutes says that if a power of attorney is used to
convey real estate then the “power of attorney”
document must be recorded in the same manner as a
conveyance.
It also says the only way to revoke the POA is by a
written revocation that is also recorded like a
conveyance, or a memo of revocation is made on the
margin of the original record. (Most offices do not
accept marginal notations.)
Some conclusions can be drawn from this statute.
1. The POA has to meet specific recording criteria,
such as the fact that there must be two parties for a
conveyance there also must be two parties for the POA
and for a revocation.
2. The statutes do not require a Deed Book and Page
number for a revocation.
3. The statute does not require that a Power of
Attorney must be filed UNLESS real estate is being
conveyed and then the POA must be recorded, however if
an individual wants to record a POA it should be
accepted as long as it meets the recording
requirements.
4. The statutes do not address recording in the county
of residency, however since it does address real
estate conveyances an assumption can be made that if a
POA is used for a real estate transaction it must be
recorded in the county where the real estate is
located.
5. If real estate was owned in several counties and a
power of attorney was signing for the owner, the power
of attorney would need to be filed in at least one
county. Certified copies could be filed in all other
involved counties. |
|
Preparation Statement |
| AKA Scrivners
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
200 E. Main St.
Lexington, KY 40507
The statue provides that the author's signature can
be a facsimile on the statement.
This means that a stamp of a computerized signature is
acceptable on the preparation statement.
Documents that have a "Drafted by" statement or "
Reviewed by" statement do not meed the requirements of
a "Preparation Statement"
The stature requires that the preparation statement
must be on the document prior to any attachments or
exhibits.
Some documents do not require preparation
statements. Examples of some are: Power of Attorney,
corporate record documents (such as articles of
incorporation, assumed names and partnership
agreements), government liens, affidavits and wills.
This act does not apply to documents executed prior
to July 1, 1962. |
|
Property Bonds as
Surety (Bail Bonds) |
KRS 431.535
Filed in the miscellaneous 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:
- 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)
- Address or legal description or both of the
property being used as surety (KRS 431.535)
- 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)
Indexing Information: The bond shall be filed in the
miscellaneous encumbrance book (KRS 431.535 (5) and
indexed in the name of the property owner. The first
party is the surety (property owner). The second party
is the Commonwealth.
A copy of a schedule for bail bond secured by real
estate is on the following page.
Filing fees: $21.00 (Clerk $16.00 KRS 64.012; postage
$2.00 KRS 382.240; legal process tax; $3.00 KRS
142.010.)
OAG97-32 provides the specific breakdown of the cost
of the filing the bond. The Release filing fee is
collected at the same time. Breakdown as follows: Bond
filing fee $8.00, Postage $1.00 Legal process tax
$3.00. Release filing fee $8.00 and $1.00 postage.)
|
|
Protection
Notification Center Document |
KRS 367.4913
Requires each business that operates an underground
facility, must file with the county clerk a protection
notification center document.
The document must include the following:
- List of all its operator member's identities (KRS
367.4913)
- Business address (KRS 367.4913)
- Business and emergency telephone numbers (KRS
382.240)
The clerk shall request a return mail address (KRS
382.240)
An officer of the company must sign the document and
the signature must be acknowledged. (Common Law – all
documents entered into Land Records should be signed
and acknowledged)
This document is filed in the miscellaneous book and
is indexed under the company’s name.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240) Exceeding three (3) pages $2.00 per
page KRS 64.012 |
|
Real Estate Transfer
Tax |
| KRS 142.050 AKA Deed Transfer Tax
This statute requires the collection by the County
Clerk of a tax on each deed, regardless of where made,
executed or delivered, by which any real property or
interest therein is conveyed vested, granted
bargained, sold, transferred or assigned.
The tax is imposed upon the value of the full
consideration listed in the deed that is said to paid,
including the amount of any lien or liens thereon.
This tax is imposed upon the grantor listed in the
deed, per KRS 142.050 (2).
The tax is calculated at the rate of .50 per $500
of valuation or any fraction thereof.
The exemptions are listed in KRS 142.050, section
7. This section does not apply to any deeds executed
prior to March 28, 1968, even if they are presented
for recording after that date, OAG 68-414.
Transfer to any of the governmental units listed in
KRS 142.050 (7)(B) are exempt only in the case of
gifts or nominal consideration, OAG 93-73.
In the event of a deed in which the property lies
in two counties, the tax should be paid on the entire
value of the land in the first county of filing.
(OAG68-168). The county with the greater amount of
land should be the first county of filing OAG 84-48.
When presenting the deed for filing in the other
county, evidence should be on the deed, or attached to
it, showing the tax was collected in the other county. |
|
Release |
AKA Deed of Release, Satisfaction
of Mortgage, Discharge of Mortgage, KRS 382.360, KRS
382.290
The document must have the following:
- Name of the person or entity releasing the
obligation (KRS 382.200)
- Name of the individual or entity being released)
(KRS 382.200)
- The mortgage book and page reference being
released, or the deed book and page in the case of a
vendors lien (KRS 382.360)
- Partial releases require a description of the
property being released (KRS 382.360)
- Release must state whole or partial release (KRS
382.360)
- Preparation statement (KRS 382.335)
The clerk shall request a return mail address (KRS
382.240)
Document must be: signed by the party or parties
executing the release and the signature(s) notarized.
KRS 382.360 & KRS 382.290
Indexing information: The document is indexed in the
general index to deeds and mortgages, under the name
of both parties. The first party is the lien holder.
The second party is the person being released. The
release must also be linked in the indexing system to
its respective referenced instrument or make a
marginal release or entry per KRS 382.290, KRS
382.360.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240)
*Note: Blanket releases which release more than one
reference, the clerk shall collect a fee of $3.00 for
each additional reference for indexing the notation
per KRS 64.012, KRS 382.290.
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, 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 holder, and the book and page of the
document to be released, is the correct document. See
Penalties sections KRS 382.990. |
|
Release of City Assessments & Enforcement Liens |
The lien release can only be made by the same
entity that filed the lien.
Recording requirements are the same as a Release of
Lis Pendens. See Release of Lis Pendens Section
Filing fees: $9.00, KRS 64.012. Clerk $8.00, Postage
$1.00,
Exceeding 3 pages $2.00 per page |
|
Release of
Corporation Lien for Taxes |
The statute addresses this lien release as a
marginal release. “When any tax has been paid, the
president or treasurer of the corporation shall enter
the word "paid" upon the record in the proper column,
and enter the amount so paid and subscribe thereto the
name of the corporation by him.”
The preferred method of releasing this or any lien is
by recording a release document. The recording
requirements for a release document would be the same
as the Release of Lis Pendens. See this section.
Index the lien in the real estate index as follows:
The first party is the holder of the lien
(corporation)
The second party is the owner of the property
Filing fees: $9.00, KRS 64.012. Clerk $8.00, Postage
$1.00,
Exceeding 3 pages $2.00 per page. |
|
Release of
Dower or Curtesy Interest |
The Kentucky Statutes do not permit a “Release of
Dower or Curtesy Interest” by married persons as a
stand alone document in general. To release a dower or
curtesy interest the document must be in the form of a
deed or will (KRS 386.095).
There is one exception to this statute –if a married
person is mentally disabled, upon the petition of the
other spouse, Circuit Court can declare the spouse
mentally disabled and permit the waiver of dower or
curtesy by permitting that person’s Conservator or
Guardian to sign on behalf of the disabled spouse or
appoint a Commissioner to do the same. (KRS 392.140)
This would not be a stand alone document and would
require the Circuit Court order together with the
waiver of dower or curtesy in order to be filed.
Revised 01/22/04 |
Release of Lis Pendens (and other Encumbrances)
Release of Judgment Lien
Release of Mechanics Lien |
KRS 382.470, KRS 382.365
The release requires the following:
- The name of the person or entity releasing the
lien (KRS 382.200)
- The name of the person or entity being released
(KRS 382.470 & 382.200)
- The book and page reference being released (KRS
382.290 & 382.470)
- 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)
The release must by signed and notarized by the person
filing the notice or by the attorney of record in the
action, or by a writing executed, acknowledged, and
recorded in the manner provided for conveyance of
land. KRS 382.470
Indexing information: These are indexed per KRS
382.470. The clerk shall index the name or names being
released and link the release to the original lien in
the indexing system. The first party is the person or
entity bringing the action. The second party is the
person the lien was filed against.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240)
For documentation on judgment lien releases and
mechanics lien releases refer to KRS 382.365. |
|
Release of Lis
Pendens Concerning Proceedings in Bankruptcy |
KRS 382.470
The release requires the following:
- The name of the person or entity releasing the
bankruptcy action (KRS 382.200)
- The name of the person or entity being released
from the bankruptcy action (KRS 382.470 & 382.200)
- The book and page reference being released (KRS
382.290 & 382.470)
- 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)
The release must by signed and notarized by the person
filing the notice or by the attorney of record in the
action, or by a writing executed, acknowledged, and
recorded in the manner provided for conveyance of
land. KRS 382.470
Indexing information: These are indexed per KRS
382.470. The clerk shall index the name or names being
released and link the release to the original lien in
the indexing system. The first party is the person or
entity bringing the action. The second party is the
person involved in the bankruptcy action.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240) |
|
Release of
Medicaid Program Lien |
KRS 205.8471
The requirements are the same as a release of any
other lis pendens. The State must prepare and sign the
release.
The document must have:
- The Commonwealth (KRS 382.470 & 382.200)
- The taxpayer being released (KRS 382.470 &
382.200)
- The book and page reference of the original lien
(KRS 382.290)
Indexing information - The releases are filed per
KRS 134.420(2), 382.290 and are to be linked to the
original filing in the indexing system. Releases must
have the book and page reference being released. The
first party is the Commonwealth of Kentucky. The
second party is the person being released.
Filing fee: $5.00 KRS 64.012 (Clerk $5.00) |
|
Request for Mortgage Release to Secure Additional
Indebtedness |
KRS 382.520 provides statutory
direction for renewal, extension or additional loan
under a mortgage on real estate. It also defines the
superiority of liens and makes a provision to request
a mortgage release to secure additional indebtedness.
This document is not a deed of release but a notice to
the Senior Mortgage holder of a request to secure
additional debt by the mortgagor.
The provisions are as follows:
The request must be written.
The request must refer to KRS 382.520(2) & (3).
The request shall be signed by the mortgagor or his
agent or attorney.
It must set forth a description of the real property
to which the request relates.
It must include the date, parties to, the volume and
initial page of the record of the original mortgage.
It must have a description of the nature, amount, and
holder of the lien or encumbrance that the mortgagor
intends to place upon such real property.
The request must be sent by certified mail with a
return receipt to the holder of the mortgage, at the
address of record.
If within ten (10) business days after receipt of the
written request, holder of the mortgage fails to
release that amount of the lien to secure additional
indebtedness to the extent described in the request,
the mortgagor may record in the office of the county
clerk in which the mortgage is recorded a copy of the
written request upon payment of the same filing fee as
provided for a release of a mortgage;
If, after a copy of the written request is recorded,
an advance is made by the holder of the mortgage, then
the lien of the mortgage for the unpaid balance of the
advance so made shall be subordinate to the lien or
encumbrance described in the request.
The clerk shall request a return mail address (KRS
382.240)
Filing fees: $9.00, (Clerk $8.00 KRS 64.012, Postage
$1.00 KRS 382.240)
Exceeding 3 pages $2.00 per page |
|
Revenue Cabinet Lien |
SEIZING TAXABLE PROPERTY AND THE RELEASE
OF LIEN KRS 138.880 AKA DRUG OR MARIJUANA LIEN
Within seventy-two (72) hours after the seizure of
marijuana or 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 been
paid as evidenced by the absence of the tax stamps,
labels, or other official tax indicia required to be
affixed to the marijuana or controlled substance.
Recording Requirements
The notice required in this subsection shall be
submitted in the manner prescribed by the Revenue
Cabinet and shall include:
(a) The name, address, and Social Security number of
the person from whom the seizure was made;
(b) The type and quantity of the items seized;
(c) 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;
(d) 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
(a) The county clerk of the county in which the
seizure was made;
(b) 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;
(c) 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.
Indexing information: The first party is the person or
entity the lien is filed against. The second party is
the Commonwealth.
Filing fee: $5.00, KRS 64.012 (Clerk, $5.00)
RELEASE LIEN
The Commonwealth is the entity asserting the lien and
the only entity that can release the lien.
Release Filing Fee: $5.00 KRS 64.012 |
|
State Lottery
Corporation Lien |
154A.420
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 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 or 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.
Filing fee: $5.00 KRS 64.012
Recording and indexing requirements are the same as
State Tax Liens. See section on State Tax Liens. |
|
State Tax Liens |
Types of state tax liens are:
State tax lien (Revenue Cabinet)
Recoupment lien (Workforce Development Cabinet)
Unemployment Insurance
Workers Compensation
Inheritance Tax Lien
Notice of Seizure and Tax Lien
KRS 134.420(2) discusses state tax liens and releases
and refers to KRS 382.440 for recording requirements
and KRS 382.470 for Release requirements.
- The person or entity (Commonwealth of Kentucky)
Asserting the lien (KRS 382.440 & 382.200)
- The person, persons or entity upon who the lien
is being filed against (KRS 382.440 & 382.200)
- The document must state the type of lien (KRS
382.440)
- A preparation statement (KRS 382.335 (Most liens
prepared by Commonwealth of Kentucky do not have a
preparation statement)
The clerk shall request a return mail address (KRS
382.240)
Indexing information: The liens are filed per KRS
134.420(2) & 382.440 and are recorded in the
encumbrance book and indexed under the name of the
taxpayer. The first party is the person or entity the
lien is filed against. The second party is the
Commonwealth.
Filing fee: $5.00 KRS 64.012 (Clerk $5.00) |
|
State Tax Lien
Releases |
The document must have:
- The Commonwealth (KRS 382.470 & 382.200)
- The taxpayer being released (KRS 382.470 &
382.200)
- The book and page reference of the original lien
(KRS 382.290)
Indexing information: The releases are filed per
KRS 134.420(2), 382.290 and are to be linked to the
original filing in the indexing system. Releases must
have the book and page reference being released. The
first party is the Commonwealth of Kentucky. The
second party is the person being released.
Filing fee: $5.00 KRS 64.012 (Clerk $5.00) |
|
Statement of Assurance |
KRS 42.355 Examination and approval of
projects, grants, administration, condition
Capital projects in area development districts require
written assurances by beneficiary agencies. KRS 42.355
requires that the written assurance must be lodged and
recorded in the county clerk’s office where the
proposed project is located. Record this document in
the Encumbrance Book or book where you record liens.
The document must have:
Granting party
Recipient (Area Development District)
Preparation statement (KRS 382.335)
Return mail address (KRS 382.335 & KRS 382.240)
Both parties must sign the document and both
signatures must be acknowledged.
Indexing information: The document is filed in the
encumbrance book and indexed in the under both
parties.
Filing fees: $9.00, (Clerk, $8.00; KRS 64.012 postage,
$1.00 KRS 382.240)
Exceeding 3 pages, $2.00 per page KRS 64.012
|
|
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 3892.335)
- Description of mortgage being subordinated, i.e.
original mortgage book and page reference (something
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)
Indexing information: The document is indexed in the
general index to deeds and mortgages under the names
of the subordinating lender and the superior lender.
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.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240) Exceeding three (3) pages $2.00 per
page KRS 64.012 |
|
Transfer Tax |
KRS 142.050 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 each $500
of value or fraction thereof.
A deed cannot be recorded unless the real estate
transfer 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 part of the property is located. KRS
382.110(1).
KRS 142.050
(1) As used in this section, unless the context
otherwise requires:
(a) "Deed" means any document, instrument, or writing
other than a will and other than a lease or easement,
regardless of where made, executed, or delivered, by
which any real property in Kentucky, or any interest
therein, is conveyed, vested, granted, bargained,
sold, transferred, or assigned.
(b) "Value" means:
1. In the case of any deed not a gift, the amount of
the full actual consideration therefor, paid or to be
paid, including the amount of any lien or liens
thereon; and
2. In the case of a gift, or any deed with nominal
consideration or without stated consideration, the
estimated price the property would bring in an open
market and under the then prevailing market conditions
in a sale between a willing seller and a willing
buyer, both conversant with the property and with
prevailing general price levels.
(2) A tax upon the grantor named in the deed shall be
imposed at the rate of fifty cents ($0.50) for each
$500 of value or fraction thereof, which value is
declared in the deed upon the privilege of
transferring title to real property.
(3) (a) If any deed evidencing a transfer of title
subject to the tax herein imposed is offered for
recordation, the county clerk shall ascertain and
compute the amount of the tax due thereon and shall
collect the amount as prerequisite to acceptance of
the deed for recordation.
(b) The amount of tax shall be computed on the basis
of the value of the transferred property as set forth
in the deed.
(c) The tax required to be levied by this section
shall be collected only once on each transaction and
in the county in which the deed is required to be
recorded by KRS 382.110(1).
(4) The county clerk shall collect the amount due and
certify the date of payment and the amount of
collection on the deed. The county clerk shall retain
five percent (5%) as his fee for collection and remit
the balance every three (3) months to the county
treasurer, who shall deposit the money in the county
general fund.
(5) The Revenue Cabinet may prescribe regulations
necessary to carry out the purposes of this section.
(6) Any county clerk who willfully shall record any
deed upon which a tax is imposed by this section
without collecting the proper amount of tax and
certifying the date and amount of collection on the
deed as required by this section based on the declared
value indicated in the affidavit appended to the deed
shall, upon conviction, be fined $50 for each offense.
(7) The tax imposed by this section shall not apply to
a transfer of title:
(a) Recorded prior to March 27, 1968;
(b) To, in the event of a deed of gift or deed with
nominal consideration, or from the United States of
America, this state, any city or county within this
state, or any instrumentality, agency, or subdivision
hereof;
(c) Solely in order to provide or release security for
a debt or obligation;
(d) Which confirms or corrects a deed previously
recorded;
(e) Between husband and wife, or between former
spouses as part of a divorce proceeding;
(f) On sale for delinquent taxes or assessments;
(g) On partition;
(h) Pursuant to:
1. Merger or consolidation between and among
corporations, partnerships, including registered
limited liability partnerships, limited partnerships,
or limited liability companies; or
2. The conversion of a general partnership, including
a registered limited liability partnership, or a
limited partnership into a limited liability company;
(i) Between a subsidiary corporation and its parent
corporation for no consideration, nominal
consideration, or in sole consideration of the
cancellation or surrender of either corporation's
stock;
(j) Under a foreclosure proceeding;
(k) Between a person and a corporation, general
partnership, limited partnership, registered limited
liability partnership, or limited liability company in
an amount equal to the portion of the value of the
real property transferred that represents the
proportionate interest of the transferor of the
property in the entity to which the property was
transferred, if the transfer was for nominal
consideration;
(l) Between parent and child or grandparent and
grandchild, with only nominal consideration therefor;
(m) By a corporation, general partnership, limited
partnership, registered limited liability partnership,
or limited liability company to a person as owner or
shareholder of the entity, upon dissolution of the
entity, in an amount equal to the portion of the value
of the real property transferred that represents the
proportionate interest of the person to whom the
property was transferred, if the transfer was for
nominal consideration:
(n) Between a trustee and a successor trustee; and
(o) Between a limited liability company and any of its
members.
(8) The tax imposed by subsection (2) of this section
shall not apply to transfers to a trustee, to be held
in trust, or from a trustee to a beneficiary of the
trust if:
(a) The grantor is the sole beneficiary of the trust;
(b) The grantor is a beneficiary of the trust and a
direct transfer from the grantor of the trust to all
other individual beneficiaries of the trust would have
qualified for an exemption from the tax pursuant to
one (1) of the provisions of subsection (7) of this
section; or
(c) A direct transfer from the grantor of the trust to
all other individual beneficiaries of the trust would
have qualified for an exemption from the tax pursuant
to one (1) of the provisions of subsection (7) of this
section.
(9) As used in this section, "trust" shall have the
same definition as contained in KRS 386.800. |
|
Wills Disclaimers and
Renunciation |
KRS 394.300
Wills must be:
Admitted for probate in the district court of the
county and contain a probate certificate before they
can be recorded. The document should be recorded in
the order required, i.e., the probate page first and
then the will.
Indexing information: Wills are indexed in the Index
to Wills and filed in the Will Book. Index the name of
the deceased as the first party.
The County Clerk shall retain the original
copy of the will permanently.
Filing fees: $8.00, KRS 64.012. This is the fee for
the entire document, including the probate page,
regardless of length. The probate page is NOT a
separate document.
WILLS - OUT OF COUNTY
The clerk may record wills probated in another
Kentucky county if an attested or certified copy of
the will and order of probate from the County Clerk in
the county where the will was originally filed is
presented, (KRS 394.300).
Indexing information: Wills are indexed in the Index
to Wills and filed in the Will Book. Index the name of
the deceased as the first party.
The County Clerk shall retain the original,
certified or attested copy of the will permanently.
Filing fees: $8.00, KRS 64.012. This is the fee for
the entire document, including the probate page,
regardless of length. The probate page is NOT a
separate document.
Important note to Clerks: KRS 394.300 states
every will or authenticated copy admitted to record by
any court shall be recorded by the county clerk, and
remain in his office, except during such time as it
may be carried to another court under subpoena duces
tecum. This means that after a will has been recorded
the clerk is to retain the will in a secure
environment. If a customer wants to see the will, the
customer must use the book, microfilm etc as with all
other documents. The only time the “original will” is
used is by court order. The clerk should maintain a
receipt in the will file stating where the “original
will” is until the document has been returned.
Prior to 1978 probate orders were not required. If a
certified copy of a will from another county is
presented for recording prior to 1978, do not expect
it to have a probate order.
WILLS – OUT OF STATE KRS 394.150
The recording requirements for an out of state will
are as follows:
Before recording an out of state will, the county
clerk or deputy must insure the will has been
processed through the KENTUCKY probate court in their
county and has a certificate of probate from their
county. The will must be an authenticated or
exemplified copy of the will and include the probate
certificate from the resident state. The Kentucky
probate certificate is required along with the
authenticated copy of the will and certificate of
probate (from the resident state) to be recorded in
the county clerk’s office. KRS 394.150
The clerk may record an out of state will that was
probated and recorded in another Kentucky county, if
an attested or certified copy of the will and order of
probate from the County Clerk in the county where the
will was originally filed is presented, (KRS 394.300
and OAG 94-48).
Recording requirements: KRS 394.150
Kentucky probate certificate
Authenticated copy of the will
Certificate of probate (from the resident state)
Indexing information: Wills are indexed in the Index
to Wills and filed in the Will Book. Index the name of
the deceased as the first party.
Filing fees: $8.00, KRS 64.012. This is the fee for
the entire document, including the probate page,
regardless of length. The probate page is NOT a
separate document.
The County Clerk shall retain the original
copy of the will permanently.
DISCLAIMERS – WILL KRS 394.620
Disclaimers shall be:
Filed in district court, however if real property or
an interest therein is disclaimed, an attested copy of
the disclaimer from district court may be recorded in
the office of the county clerk of the county in which
the real estate is situated. (KRS 394.620.)
The clerk shall request a return mail address (KRS
382.240).
Disclaimers are filed in the Will Book and are indexed
under the deceased name.
Filing fee: $9.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240) Exceeding three (3) pages $2.00 per
page KRS 64.012
RENUNCIATION OF A WILL – KRS 392.080
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 or his 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.
Filing fee: $11.00 (Clerk $8.00 KRS 64.012; postage
$1.00 KRS 382.240 Clerk’s acknowledgment $2.00 KRS
392.080)
Exceeding three (3) pages $2.00 per page KRS 64.012
NOTICE OF CONTEST KRS 394.240
AKA CONTESTING A WILL
(To be filed in the Will Book and maintained as an
original will)
394.240 ACTIONS IN CIRCUIT COURT; TIME IN WHICH TO BE
BROUGHT; FILING NOTICE OF PROCEEDING
Any person aggrieved by the action of the district
court in admitting a will to record or rejecting it
may bring an original action in the circuit court of
the same county to contest the action of the district
court. Such action shall be brought within two (2)
years after the decision of the district court. The
parties may, in the same action, or in a separate
action if the validity of the will is not in issue,
seek construction, interpretation or reformation of a
will.
Upon filing an adversary proceeding in circuit court
in matters involving probate whether in a testate or
intestate proceeding or an action pursuant to
subsection (1) of this section, the plaintiff shall
forthwith lodge a notice of the action in the office
of the county clerk of the county in which the will
was admitted to probate or rejected, or if in an
intestate estate in the office of the county clerk of
the county in which the estate was probated.
The notice must have the following requirements:
- state the name of the testator (deceased)
- the style of the action
- the court in which the action has been field
- the file number assigned to the action by the
clerk of the court in which it has been filed
- the nature of the action
- the date on which the action was commenced
The notice must be signed by plaintiff or his
attorney. The signature does not have to be
acknowledged or notarized.
The county clerk shall record and index said notice as
if it were a will, therefore regardless of the number
of pages the cost is $8.00 to record. The first party
is the name of the deceased.
Filing fees: KRS 64.012. Clerk $8.00
The original of this document must be kept with the
original wills maintained by the clerk’s office. |
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Worker's Compensation - Determination of Employer's
Compliance |
RECORDING CERTIFICATE CONSTITUTING A LIEN IN FAVOR
OF UNINSURED EMPLOYER'S FUND KRS 342.770
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 of the employer in favor
of the uninsured employers' 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:
- The office of the county clerk of the county in
which the defendant employer resides
- The office of the county clerk of the county in
which the defendant employer has its principal place
of business
- 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. See section on State Tax Liens.
Filing Fee: $5.00 KRS 64.012
LIEN RELEASE
Recording and indexing requirements are the same as
State Tax Lien Releases. See section on State Tax Lien
Releases.
The Commonwealth is the entity asserting the lien and
the only entity that can release the lien.
Filing fee for Release $5.00 KRS 64.012 |
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