Ky. Rev. Stat. § 382.440

Memorandum of actions affecting real property to be filed

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(1) No action, cross-action, counterclaim, or any other proceeding, except actions for forcible detainer or forcible entry or detainer, commenced or filed in any court of this state, in which the title to, or the possession or use of, or any lien, tax, assessment or charge on real property, or any interest therein, is in any manner affected or involved, nor any order nor judgment therein, nor any sale or other proceeding, nor any proceeding in, nor judgment or decree rendered, in a district court of the United States, shall in any manner affect the right, title or interest of any subsequent purchaser, lessee, or encumbrancer of such real property, or interest for value and without notice thereof, except from the time there is filed, in the office of the county clerk of the county in which such real property or the greater part thereof lies, a memorandum stating: (a) The number of the action, if it is numbered, and the style of such action or proceeding and the court in which it is commenced, or is pending; (b) The name of the person whose right, title, interest in, or claim to, real property is involved or affected; and (c) A description of the real property in the county thereby affected. (2) Such notice may be filed by any party in interest. No notice shall extend to the interest of any person not designated therein, nor to any real property or interest except that described therein, and when any amendment is made in the action or proceeding changing the description of the real property, or interest involved or affected, or extending the claim against the property, the party filing such notice shall file a new notice. (3) Where the real property so affected consists of tracts lying in different counties, a separate notice shall be filed in each county as to the tract lying in that county. History: Amended 1944 Ky. Acts ch. 21, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2358a-1.

Notes of Decisions

Cited in 29 cases (3 in the last 5 years), 1949–2025 · leading case: U.S. Bank, NA v. Hasty

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U.S. Bank, NA v. Hasty (2007) kyctapp · cites it 3× “Heights Finance Corporation argued at the time, and again in its motion for clarification, that the law that actually controls is KRS § 382.440, which states: No action ..”

Citizens National Bank of Jessamine County v. Washington Mutual Bank (2010) kyctapp · cites it 4× “Without further citation to authority, the master commissioner found “the filing of the Complaint and lis pendens by Washington Mutual created a priority claim in the mobile home.”

Greene v. McFarland (2001) ky · cites it 3× “This is a case involving the application of KRS 382.440 (memorandum of actions affecting real property_).”

Usaco Coal Company v. Carbomin Energy, Inc. (1982) ca6 “301 (Baldwin), together with its Ms pendens statute, Ky. Rev. Stat. Ann. § 382.440 (Baldwin), provide the plaintiffs with all the protection they require.”

Brown Sprinkler Corp. v. Somerset-Pulaski County Development Foundation, Inc. (2010) kyctapp “KRS 382.440(1). Thus, this statute protects subsequent purchasers of property and creditors by providing that, unless a purchaser or creditor has proper notice of pending claims, he or she cannot be held responsible for those claims.”

Ballard v. 1400 Willow Council of Co-Owners, Inc. (2013) ky “Instead, it concluded that KRS 382.440(1) specifies the protocol to be followed in filing a lis pendens notice, and the Council was entitled to summary judgment on the slander of title claim because its lis pendens notice comported with the statutory requirements for filing a…”

Strong v. First Nationwide Mortgage Corp. (1998) kyctapp · cites it 2× “We agree that there is nothing in KRS 382.440 constituting or creating a lien.”

Greenpoint Mortgage Funding, Inc. v. Schlossberg (2005) md “Ann § 60-2201 (constructive notice commences upon recording Notice); Ky.Rev.Stat Ann § 382.440 (constructive notice commences upon filing of Notice); La.”

Cumberland Lumber Co. v. First & Farmers Bank of Somerset, Inc. (1992) kyctapp · cites it 2× “2d 452 (1940), and reasoned as follows: Although neither KRS 382.440 nor any other Kentucky statute or case explicitly provides for victory by the Plaintiff or the Defendants herein, a decision in the Plaintiff’s favor is the only logical and equitable result.”

Guerin v. Fulkerson (2011) kyctapp “1999); see also KRS 382.440. “A lis pendens notice is appropriate in situations where the title to property is at stake (actions for partition, quiet title, and will contests, for example), and it serves as notice that the purchaser takes the title subject to the same…”

In Re Anderson (2005) kywb · cites it 2× “Union Planters did not file a lis pendens under KRS 382.440 or a notice of judgment lien under KRS 426.”

COMMERCIAL TRANSPORT CORP. v. Robinson Grain Co. (1972) kywd · cites it 3× “ection (1), provides as follows: “(1) No attachment or execution, nor any levy or sale under either, shall in any manner affect the right, title to, or interest of a subsequent purchaser, lessee or encumbrancer without notice thereof of any real estate or any interest therein…”

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— Ky. Rev. Stat. § 382.440(1) — 3 cases

Greene v. McFarland (2001) ky “This is a case involving the application of KRS 382.440 (memorandum of actions affecting real property_).”

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