When any real property is conveyed, and any part of the consideration remains unpaid,
the grantor shall not have a lien for the unpaid consideration against bona fide creditors
and purchasers unless the deed states what part of the consideration remains unpaid.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 2358.
Notes of Decisions
Naja, LLC v. Jack's Co. (In re Dynamis Grp., LLC), 441 B.R. 841 (Bankr. W.D. Ky. 2011).
“See KRS 382.070 (“When any real property is conveyed, and any part of the consideration remains unpaid, the grantor shall not have a lien for the unpaid consideration against bona fide creditors and purchasers unless the deed states what part of the consideration remains unpaid.”
Chalk v. Chalk, 165 S.W.2d 534 (Ky. Ct. App. 1942).
“KRS 382.070 (Sec. 2358, Ky. Stats.). As between the vendor and vendee, it is not necessary that the retention of a lien be stated in the deed, the failure to do so affecting only innocent third persons.”
Moore v. Bates, 332 S.W.2d 636 (Ky. Ct. App. 1960).
“Moore set up in his counterclaim a vendor’s lien on the property described in the complaint by virtue of the terms of KRS 382.070, which, though stated in the negative, declares, in effect, that a vendor of land shall have a lien thereon for the unpaid consideration if the sum…”
May v. Fin. & Realty Co., 451 S.W.2d 155 (Ky. Ct. App. 1970).
· cites it 3× “070 which provides: “When any real property is conveyed, and any part of the consideration remains unpaid, the grantor shall not have a lien for the unpaid consideration against bona fide creditors and purchasers unless the deed states what part of the consideration remains…”
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