copies of original records -- Contents of deed -- Filing of deed in lieu of foreclosure -- Time for filing deed.
(1) 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.
(2) 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 immediate source from which the grantor derived title to the property or the interest conveyed therein.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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 shall be invalid because it is lodged contrary to the provisions of this section.
(9) 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.
(10) A deed filed pursuant to KRS 426.577 shall be filed by the grantee within five (5) business days of receipt of the deed from the commissioner appointed by a court to convey the property. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 11, sec. 2, effective July 15, 2016. -- 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.
Notes of Decisions
Kendrick v. Rothacre (In Re Rothacre), 326 B.R. 398 (Bankr. E.D. Ky. 2010).
· cites it 3× “The Plaintiff contends that without a source of title, the Mortgage is unrecordable pursuant to KRS 382.110(2). As set out more completely, that section states in pertinent part: (1) All deeds, mortgages and other instruments required by law to be recorded to be effectual…”
Nat'l Cash Register Co. v. K. W. C., Inc., 432 F. Supp. 82 (E.D. Ky. 1977).
“This case involved an individual debtor, not a corporate one, and it interpreted what is now KRS 382.110(1). Moreover, the court there looked to “the fact of the mortgagor’s residence rather than upon recitals or representations of the mortgagor as to his residence.”
Boyd Cnty. ex rel. Hedrick v. Merscorp, Inc., 985 F. Supp. 2d 823 (E.D. Ky. 2013).
“” KRS 382.110. Instruments generally must indicate the “next immediate source from which the grantor derived title to the property or the interest conveyed therein,” thereby showing the chain of title.”
Flener v. Monticello Banking Co. (In Re Estes), 429 B.R. 872 (Bankr. W.D. Ky. 2010).
“Furthermore, it was properly recorded in the Clerk’s Office of Russell County pursuant to KRS 382.110. Accordingly, the Court finds as a matter of law that the Trustee would have been placed on constructive notice of the Mortgage, if not actual notice.”
Branaman v. Black Tam Mining Co., 446 S.W.2d 573 (Ky. Ct. App. 1969).
· cites it 2× “*575 KRS 382.110(1) provides: “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…”
Timothy Lee Fifield v. Donald Fritz Dba Lp Liquor (Ky. Ct. App. 2023).
· cites it 3× “Next, Buyer attempts to claim that Seller had not recorded the 2019 Lease under KRS 382.110; therefore, it could not have been an incumbrance that ran with the land, even if Buyer had actual notice of the lease.”
First S. Nat'l Bank v. Cumberland Sec. Bank, Inc. (Ky. Ct. App. 2021).
· cites it 2× “Perhaps the General Assembly did not require county clerks to file mortgages in any designated set of record books in KRS 382.110 because another -9- statute requires county clerks to create a cross-index of conveyances, including mortgages.”
Westenhoefer v. Eldridge (Bankr. E.D. Ky. 2020).
“§ 382.110(1). Kentucky law supports a conclusion that the Debtors had their residence in Letcher County for purposes of K.”
— Ky. Rev. Stat. § 382.110(1) — 6 cases
Nat'l Cash Register Co. v. K. W. C., Inc., 432 F. Supp. 82 (E.D. Ky. 1977).
“This case involved an individual debtor, not a corporate one, and it interpreted what is now KRS 382.110(1). Moreover, the court there looked to “the fact of the mortgagor’s residence rather than upon recitals or representations of the mortgagor as to his residence.”
Branaman v. Black Tam Mining Co., 446 S.W.2d 573 (Ky. Ct. App. 1969).
“*575 KRS 382.110(1) provides: “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…”
First S. Nat'l Bank v. Cumberland Sec. Bank, Inc. (Ky. Ct. App. 2021).
“Perhaps the General Assembly did not require county clerks to file mortgages in any designated set of record books in KRS 382.110 because another -9- statute requires county clerks to create a cross-index of conveyances, including mortgages.”
Timothy Lee Fifield v. Donald Fritz Dba Lp Liquor (Ky. Ct. App. 2023).
“Next, Buyer attempts to claim that Seller had not recorded the 2019 Lease under KRS 382.110; therefore, it could not have been an incumbrance that ran with the land, even if Buyer had actual notice of the lease.”
Westenhoefer v. Eldridge (Bankr. E.D. Ky. 2020).
“§ 382.110(1). Kentucky law supports a conclusion that the Debtors had their residence in Letcher County for purposes of K.”
— Ky. Rev. Stat. § 382.110(2) — 4 cases
Kendrick v. Rothacre (In Re Rothacre), 326 B.R. 398 (Bankr. E.D. Ky. 2010).
“The Plaintiff contends that without a source of title, the Mortgage is unrecordable pursuant to KRS 382.110(2). As set out more completely, that section states in pertinent part: (1) All deeds, mortgages and other instruments required by law to be recorded to be effectual…”
— Ky. Rev. Stat. § 382.110(8) — 2 cases
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