Ky. Rev. Stat. » Chapter 382
Kentucky Revised Statutes

Ky. Rev. Stat. § 382.280 (2026)

Order in which deeds and mortgages take effect

✓ current as of May 2026
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Except as otherwise provided in KRS 382.077 and 382.285, all bona fide deeds of trust or mortgages shall take effect in the order that they are legally acknowledged or proved and lodged for record. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 167, sec. 2, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 86, sec. 42, effective January 1, 2020. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 497.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1978–2025 · leading case: Wells Fargo Bank, Minnesota, N.A. v. Commonwealth, 345 S.W.3d 800 (Ky. 2011).
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Wells Fargo Bank, Minnesota, N.A. v. Commonwealth, 345 S.W.3d 800 (Ky. 2011). · cites it 2× “KRS 382.280. The combined effect of these statutes is known as the “race-notice” rule.”
Midland-Guardian Co. v. McElroy, 563 S.W.2d 752 (Ky. Ct. App. 1978). “00, the appellant objecting to the sale, motion for order of distribution, final report, order confirming the final report, and now appeals on the ground that the county and city taxes assessed for the years 1974,1975 and 1976 were paid prior to his mortgage lien and were either…”
Kentucky Legal Sys. Corp. v. Dunn, 205 S.W.3d 235 (Ky. Ct. App. 2006). “270 which requires recording of all instruments affecting real property, and KRS 382.280, which provides that deeds and mortgages take effect in the order in which they are legally acknowledged and recorded.”
The Cardinals' Nest Egg Trust v. Sandton Credit Solutions Master Fund III, Lp (Ky. Ct. App. 2020). “KRS 382.280 states that “[a] mortgage, deed or deed of trust shall take effect at the time it is filed.”
Meredith L. Lawrence v. Whitehorse Dev. Grp., LLC (Ky. Ct. App. 2023). “See KRS 382.280 (“[A]ll bona fide deeds of trust or mortgages shall take effect in the order that they are legally acknowledged or proved and lodged for record.”
Keith Smith v. Apex Fund Servs. as Custodian for Ceres Tax Receivables, LLC (Ky. 2025). “Additionally, KRS 382.280 states: Except as otherwise provided in KRS 382.”
In re: Elizabeth Collins v. (6th Cir. BAP 2011). “Ky. Rev. Stat. Ann. § 382.280 . GMAC Mortgage further cites three decisions in the Bankruptcy Court for the Eastern District of Kentucky where this trustee unsuccessfully made similar arguments, attacking possession of notes, indorsements of notes, and assignments.”
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