Ky. Rev. Stat. » Chapter 423

Ky. Rev. Stat. § 423.130

Certificate of person taking acknowledgment

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The person taking an acknowledgment shall certify that: (1) The person acknowledging appeared before him and acknowledged he executed the instrument; and (2) The person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument. Effective: July 1, 1970 History: Created 1970 Ky. Acts ch. 131, sec. 3, effective July 1, 1970.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 2005–2023 · leading case: Cit Group/Consumer Finance, In v. Beverly Burden, Trustee
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Cit Group/Consumer Finance, In v. Beverly Burden, Trustee (2009) ca6 · cites it 27× “In Vance, this court held, in an unpublished opinion, that the notary statement in a mortgage Certificate of Acknowledgment was defective under Ky. Rev. Stat. § 423.130 since it failed to state: (1) the identity and/or names of those who signed the mortgage; (2) the name of the…”
Matthews v. Commonwealth (2005) ky · cites it 4× “KRS 423.130 is the source of substantive requirements for acknowledgments, requiring the person taking the acknowledgment to certify only that: (1) The person acknowledging appeared before him and acknowledged he executed the instrument; and (2) The person acknowledging was…”
Rhiel v. Huntington National Bank (In Re Phalen) (2011) ohsb · cites it 4× “11 In holding that the mortgage was defectively executed, the Sixth Circuit relied on Ky.Rev.Stat. § 423.130. According to the Sixth Circuit, this provision — which is virtually identical to Ohio Revised Code § 147.”
Dunlap v. Commonwealth Community Bank (In Re Phelps) (2006) kywb · cites it 6× “130 provides as follows: KRS 423.130 Certificate of person taking acknowledgment.”
Baker v. CIT Group/Consumer Finance Inc. (In Re Hastings) (2006) kyeb · cites it 3× “Use of the words “acknowledged before me” is therefore insufficient in the absence of the elements set out in KRS 423.130 which sets out the requirements for a proper acknowledgment clause: The person taking an acknowledgment shall certify that: (1) The person acknowledging…”
Lyon v. Franklin Mortgage Funding (In Re Shannon) (2006) kyeb · cites it 4× “§ 544 (a)(3) confers on him the status of a bona fide purchaser of real property, and that, as such, he may avoid a mortgage that does not satisfy KRS 423.130 entitled “Certificate of person taking acknowledgment.”
Burden v. Cit Group/Consumer Finance, Inc. (In Re Armstrong) (2007) kyeb · cites it 2× “There the mortgage under consideration failed to include the information required by KRS 423.130 in the notary’s certificate, and the notarial acknowledgment was found to be defective.”
In the Matter of the Complaint of Foertsch Construction Company, Inc., as Operator and Owner of Barge FCC-6 (2022) kywd · cites it 3× “KRS 423.130 Lastly, Claimants argue that because they did not personally sign the notarized agreement, under K.”
Western Energy Production, Lp v. David Orchard, Successor Trustee of the Orchard Family Trust Dated November 19, 1979, T (2023) kyctapp “2019) (defining acknowledgment as it pertains to this case as “[a] formal declaration made in the presence of an authorized officer, such as a notary public, by someone who signs a document and confirms that the signature is authentic”); KRS 423.130(1) (requiring a person…”
In re: Samuel Wilson v. (2007) bap6 “Use of the words “acknowledged before me” is therefore insufficient in the absence of the elements set out in KRS 423.130 which sets out the requirements for a proper acknowledgment clause.”
In re: Cocanougher v. (2007) bap6 “Use of the words “acknowledged before me” is therefore insufficient in the absence of the elements set out in KRS 423.130 which sets out the requirements for a proper acknowledgment clause.”
In re:Denny St.Clair v. (2008) bap6 “Ky. Rev. Stat. Ann. § 423.130 . The mortgage at issue was properly recorded in the appropriate county clerk’s office and was, therefore, “lodged for record” as required by the Kentucky Revised Statute § 382.”
— Ky. Rev. Stat. § 423.130(1) — 1 case
Western Energy Production, Lp v. David Orchard, Successor Trustee of the Orchard Family Trust Dated November 19, 1979, T (2023) kyctapp “2019) (defining acknowledgment as it pertains to this case as “[a] formal declaration made in the presence of an authorized officer, such as a notary public, by someone who signs a document and confirms that the signature is authentic”); KRS 423.130(1) (requiring a person…”
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