2013 Kentucky Revised Statutes CHAPTER 382 - CONVEYANCES AND ENCUMBRANCES 382.110 Recording of deeds and mortgages -- Place of recording -- Use of certified copies of original records -- Contents of deed -- Filing of deed in lieu of foreclosure.
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382.110 Recording of deeds and mortgages -- Place of recording -- Use of
certified copies of original records -- Contents of deed -- Filing of deed in
lieu of foreclosure.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
All deeds, mortgages and other instruments required by law to be recorded to
be effectual against purchasers without notice, or creditors, shall be recorded
in the county clerk's office of the county in which the property conveyed, or the
greater part thereof, is located.
No county clerk or deputy county clerk shall admit to record any deed of
conveyance of any interest in real property equal to or greater than a life
estate, unless the deed plainly specifies and refers to the next immediate
source from which the grantor derived title to the property or the interest
conveyed therein.
An authentic photocopy of any original record may be certified, as a true,
complete, unaltered copy of the original record on file by the official public
custodian of the record. A certified copy of a document certified by the official
public custodian of that document may be submitted for filing in any other filing
officer's jurisdiction as though it were the original record. However, no county
clerk or deputy county clerk shall accept for filing any original document or
certified copy of any document unless the original document and its certified
copy conforms to all statutory requirements for filing the document under KRS
Chapter 382. The provisions of this subsection shall apply only to a record
generated and filed in Kentucky, and only if the certified copy thereof is to be
utilized in Kentucky. If the record is a foreign record or a Kentucky record to be
filed or utilized in a foreign jurisdiction, then this subsection shall not apply and
applicable federal, Kentucky, or foreign law shall apply.
If the source of title is a deed or other recorded writing, the deed offered for
record shall refer to the former deed or writing, and give the office, book and
page where recorded, and the date thereof. If the property or interest therein is
obtained by inheritance or in any other way than by recorded instrument of
writing, the deed offered for record shall state clearly and accurately how and
from whom the title thereto was obtained by the grantor.
If the title to the property or interest conveyed is obtained from two (2) or more
sources, the deed offered for record shall plainly specify and refer to each of
the sources in the manner provided in subsections (2) and (4), and shall show
which part of the property, or interest therein, was obtained from each of the
sources.
No grantor shall lodge for record, and no county clerk or deputy shall receive
and permit to be lodged for record, any deed that does not comply with the
provisions of this section.
No clerk or deputy clerk shall be liable to the fine imposed by subsection (1) of
KRS 382.990 because of any erroneous or false references in any such deed,
nor because of the omission of a reference required by law where it does not
appear on the face of such deed that the title to the property or interest
conveyed was obtained from more than one (1) source.
This section does not apply to deeds made by any court commissioner, sheriff
or by any officer of court in pursuance of his duty as such officer, nor to any
deed or instrument made and acknowledged before March 20, 1928. No deed
(9)
shall be invalid because it is lodged contrary to the provisions of this section.
A mortgage holder shall file a deed in lieu of foreclosure in the county clerk's
office of the county in which the property conveyed, or the greater part thereof,
is located, no later than forty-five (45) days after the date the deed in lieu of
foreclosure is executed.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 44, sec. 1, effective July 12, 2012. -Amended 2005 Ky. Acts ch. 69, sec. 2, effective June 20, 2005. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 495.
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