No county clerk shall record a deed or deed of trust or mortgage covering real property by
which the payment of any indebtedness is secured unless the deed or deed of trust or
mortgage states the date and the maturity of the obligations thereby secured which have
been already issued or which are to be issued forthwith. In the case of obligations due on
demand, the requirement of stating the maturity thereof shall be satisfied by stating that
such obligations are "due on demand."
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 373, sec. 1, effective June 17, 1978. -- Amended
1962 Ky. Acts ch. 83, sec. 17. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 511a-1.
Notes of Decisions
Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014).
· cites it 67× “The Trustee argues that the Defendant did not comply with Ky.Rev.Stat. § 382.330 because it failed to include the date of the underlying note, thus making the Mortgages improperly recorded.”
Citizens Fid. Bank & Trust Co. v. Blieden (In Re Blieden), 49 B.R. 386 (Bankr. W.D. Ky. 1985).
· cites it 3× “330 states as follows: “No county clerk shall record a deed of trust or mortgage covering real property by which the payment of any indebtedness is secured unless the deed or deed of trust or mortgage states the date and the maturity of the obligations thereby secured which have…”
Lincoln Bank & Trust Co. v. Queenan, 344 S.W.2d 383 (Ky. Ct. App. 1961).
· cites it 2× “270 require acknowledgement of the statement? (2) Does KRS 382.330 require that the maturity date or dates of the security obligation covered by the statement be shown? (3) Does KRS 382.”
Trio Realty Co. v. Queenan, 360 S.W.2d 747 (Ky. Ct. App. 1962).
“330 read: “No county clerk shall record a deed or deed of trust or mortgage by which the payment of any indebtedness is secured unless the deed or deed of trust or mortgage states the date and the maturity of the obligations thereby secured which have been already issued or…”
In Re Taylor, 18 B.R. 128 (Bankr. W.D. Ky. 1982).
“KRS 382.330 requires such information in mortgages to put them in proper form for recording, and penalty provisions of the statute permit fines to be levied against the offending county court clerk and the persons causing defective instruments to be lodged to record.”
Simpson v. Graves, 451 S.W.2d 399 (Ky. Ct. App. 1970).
· cites it 3× “Plaintiff also attacked Mazin’s mortgage dated October 19, 1962, as being an “unre-cordable instrument” under KRS 382.330 for failure to state the “due date” of the debt secured therein.”
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