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2019 Kentucky Revised Statutes
Chapter 382 - Conveyances and encumbrances
382.990 Penalties.

Universal Citation: KY Rev Stat § 382.990 (2019)
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382.990 Penalties. (1) (2) (3) (4) (5) (6) (7) (8) (9) Any grantor of a deed or any holder of a note who lodges for record a deed, instrument, or deed assigning a note or a deed of release or an instrument wherein there is a release, and any county clerk or deputy county clerk who receives and permits to be lodged for record any such instrument or deed contrary to the provisions of KRS 382.110, 382.120, 382.290, or 382.360, shall be guilty of a violation; the clerk or deputy who actually receives and files the instrument for record shall incur the penalty, but no clerk or deputy shall be fined because of any false or erroneous statement in the instrument filed. Any person who willfully and fraudulently makes affidavit to any statement mentioned in KRS 382.120, which is false, knowing the statement to be false, shall be guilty of a Class A misdemeanor, and in addition shall be liable to any person who may be injured by the making, filing, recording, or use of the affidavit. Any person who causes to be recorded in a county clerk's office a deed, deed of trust, or mortgage in violation of KRS 382.330, or fails to file the statement required by KRS 382.380, shall be guilty of a Class A misdemeanor. Any county clerk who records a deed or mortgage in violation of KRS 382.330 shall be guilty of a violation. Any county clerk who, by himself or deputy, fails to perform any duty enjoined upon him by any of the provisions of KRS 382.110, 382.160, 382.180 to 382.200, 382.210, 382.250, 382.300 to 382.320, 382.360, or 382.370 shall be guilty of a violation. Any person who knowingly and intentionally gives a false name or address in any instrument or assignment mentioned in KRS 382.430, shall be guilty of a Class A misdemeanor. Any county clerk who fails to perform his duties under KRS 382.430, shall be guilty of a violation. Any person who willfully and fraudulently gives a false statement as to the full actual consideration of property or the full estimated value under KRS 382.135, shall be guilty of a Class D felony. Any mortgage holder that fails to file a deed in lieu of foreclosure pursuant to KRS 382.110(9) shall be guilty of a violation. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 44, sec. 2, effective July 12, 2012. -- Amended 1992 Ky. Acts ch. 463, sec. 44, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 411, sec. 5, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 495, 495a-3, 498, 498a, 511a-3, 522, 4051a.
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