Ky. Rev. Stat. » Chapter 423
Kentucky Revised Statutes

Ky. Rev. Stat. § 423.130 (2026)

Certificate of person taking acknowledgment

✓ current as of May 2026
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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 Grp./Consum. Fin., In v. Beverly Burden, Tr., 318 F. App'x 354 (6th Cir. 2009).
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Cit Grp./Consum. Fin., In v. Beverly Burden, Tr., 318 F. App'x 354 (6th Cir. 2009). · cites it 27× “In Vance, this court held, in an unpublished opinion, that the notary statement in a mortgage Certificate of Acknowledgment was defective under Ky.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, 163 S.W.3d 11 (Ky. 2005). · 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 Nat'l Bank (In Re Phalen), 445 B.R. 830 (Bankr. S.D. Ohio 2011). · 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 Cmty. Bank (In Re Phelps), 341 B.R. 848 (Bankr. W.D. Ky. 2006). · cites it 6× “130 provides as follows: KRS 423.130 Certificate of person taking acknowledgment.”
Baker v. CIT Grp./Consum. Fin. Inc. (In Re Hastings), 353 B.R. 513 (Bankr. E.D. Ky. 2006). · 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 Mortg. Funding (In Re Shannon), 343 B.R. 585 (Bankr. E.D. Ky. 2006). · 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 Grp./Consum. Fin., Inc. (In Re Armstrong), 366 B.R. 716 (Bankr. E.D. Ky. 2007). · 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 Constr. Co., Inc., as Operator & Owner of Barge FCC-6 (W.D. Ky. 2022). · cites it 3× “KRS 423.130 Lastly, Claimants argue that because they did not personally sign the notarized agreement, under K.”
W. Energy Prod., Lp v. David Orchard, Successor Tr. of the Orchard Fam. Trust Dated November 19, 1979, Trust a of the Orchard Fam. Trust, Trust B of the Orchard Fam. Trust & Trust C of the Orchard Fam. Trust (Ky. Ct. App. 2023). “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. (6th Cir. BAP 2007). “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. (6th Cir. BAP 2007). “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. (6th Cir. BAP 2008). “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
W. Energy Prod., Lp v. David Orchard, Successor Tr. of the Orchard Fam. Trust Dated November 19, 1979, Trust a of the Orchard Fam. Trust, Trust B of the Orchard Fam. Trust & Trust C of the Orchard Fam. Trust (Ky. Ct. App. 2023). “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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