2013 Kentucky Revised Statutes CHAPTER 382 - CONVEYANCES AND ENCUMBRANCES 382.270 Instruments not valid against purchasers or creditors unless acknowledged or proved -- Exemption for instruments otherwise lodged for record.
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382.270 Instruments not valid against purchasers or creditors unless
acknowledged or proved -- Exemption for instruments otherwise lodged
for record.
No deed or deed of trust or mortgage conveying a legal or equitable title to real
property shall be lodged for record and, thus, valid against a purchaser for a
valuable consideration, without notice thereof, or against creditors, until such deed
or mortgage is acknowledged or proved according to law. However, if a deed or
deed of trust or mortgage conveying a legal or equitable title to real property is not
so acknowledged or proved according to law, but is or has been otherwise lodged
for record, such deed or deed of trust or mortgage conveying a legal or equitable title
to real property or creating a mortgage lien on real property shall be deemed to be
validly lodged for record for purposes of KRS Chapter 382, and all interested parties
shall be on constructive notice of the contents thereof. As used in this section
"creditors" includes all creditors irrespective of whether or not they have acquired a
lien by legal or equitable proceedings or by voluntary conveyance.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 155, sec. 2, effective July 15, 2010. -Amended 2006 Ky. Acts ch. 183, sec. 16, effective July 12, 2006. -- Amended
1962 Ky. Acts ch. 83, sec. 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 496.
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