or proved -- Exemption for instruments otherwise lodged for record.
(1) Except as otherwise provided in KRS 382.285, 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.
(2) 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 14, 2022
History: Amended 2022 Ky. Acts ch. 167, sec. 1, effective July 14, 2022. -- 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.
Notes of Decisions
Baker v. CIT Grp./Consum. Fin. Inc. (In Re Hastings), 353 B.R. 513 (Bankr. E.D. Ky. 2006).
· cites it 11× “The issues before the court are whether the mortgage was properly acknowledged, and, even if it was not, whether KRS 382.270 may be retroactively applied to defeat the Trustee.”
State Street Bank & Trust Co. of Boston v. Heck's, Inc., 963 S.W.2d 626 (Ky. 1998).
· cites it 8× “The Court of Appeals held that although (1) First National did have actual notice of the July 1, 1978 mortgage, as reflected by the exception recited in its 1985 mortgage, (2) the recording of an unrecordable mortgage does not give notice to subsequent creditors, and (3) an…”
Lincoln Bank & Trust Co. v. Queenan, 344 S.W.2d 383 (Ky. Ct. App. 1961).
· cites it 11× “They are: As a condition precedent to recording a financing statement that otherwise complies with Code § 9-402, (1) Does KRS 382.270 require acknowledgement of the statement? (2) Does KRS 382.”
Cit Grp./Consum. Fin., In v. Beverly Burden, Tr., 318 F. App'x 354 (6th Cir. 2009).
· cites it 11× “130 and therefore did not provide the Trustee, a hypothetical bona fide purchaser, with notice under Ky. Rev. Stat. § 382.270. Burden v. The CIT Group/Consumer Finance, Inc.”
Burden v. Cit Grp./Consum. Fin., Inc. (In Re Armstrong), 366 B.R. 716 (Bankr. E.D. Ky. 2007).
· cites it 5× “Alternatively, the Creditor asserts that if this court determines that the mortgage was not properly acknowledged, then pursuant to KRS 382.270, as amended, the mortgage shall be deemed to be validly lodged for record and to provide constructive notice to all interested parties,…”
Bratcher v. Ashley, 243 S.W.2d 1011 (Ky. Ct. App. 1951).
· cites it 4× “670, and that the failure to so- record rendered the lien of the Credit Corporation ineffectual against the claim of the Commonwealth as Ashley’s attaching creditor without actual notice under KRS 382.270. This latter section provides: “No deed or deed of trust or mortgage…”
Lyon v. Franklin Mortg. Funding (In Re Shannon), 343 B.R. 585 (Bankr. E.D. Ky. 2006).
· cites it 3× “The Plaintiff maintains that if the notary was not present at the closing at issue in this matter, she could not certify the information required by KRS 423.”
Hazelwood v. Fifth Third Bank (In re Hazelwood), 513 B.R. 323 (Bankr. W.D. Ky. 2014).
· cites it 4× “Ky.Rev.Stat. § 382.270. When the Plaintiffs filed their bankruptcy petition, the applicable notice statute provided as follows: 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…”
Thacker v. United Companies Lending Corp., 256 B.R. 724 (W.D. Ky. 2000).
“KRS 382.270 provides in pertinent part: No deed or deed of trust or mortgage conveying a legal or equitable title to real property shall be valid against a purchaser for a valuable consideration, without notice thereof, .”
JPMorgan Chase Bank, N.A. v. Woods (In Re Woods), 422 B.R. 102 (Bankr. W.D. Ky. 2010).
· cites it 3× “Chase, The Trust, Katherine and the USA have all filed Motions for Summary Judgment contending the mortgage obtained by Debtor through Fifth Third on the Property is invalid because Debtor did not have authority to mortgage Trust property under the terms of the Trust and because…”
— Ky. Rev. Stat. § 382.270(1) — 1 case
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