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LAND RECORDS

AFFIDAVIT IN AID OF TITLE OR AFFIDAVIT IN SUPPORT OF TITLE
AFFIDAVIT OF DESCENT OR AFFIDAVIT OF HEIRSHIP
AFFIDAVIT OF REAL PROPERTY TRANSFER UNDER WILL
ARTICLES OF INCORPORATION
ASSIGNMENT
ASSIGNMENT OF RENTS AND/OR LEASES
ASSUMED NAMES
ASSUMPTION AGREEMENT
BOND TO RELEASE A MECHANICS LIEN
CONDOMINIUM DEEDS
CONDOMINIUM MORTGAGES
CONSIDERATION CERTIFICATE
DECLARATION OF TRUST
DEED OF RESTRICTIONS
DEEDS
EASEMENT
FEDERAL TAX LIENS AND RELEASES
FEE SCHEDULE FOR LAND RECORDS
INSTRUMENT EXECUTED IN A FOREIGN LANGUAGE
JUDGMENT LIEN
LAND CONTRACT OR CONTRACT FOR DEED
LAND USE RESTRICTIONS
LEASE
LEGAL PROCESS TAX
LIS PENDENS AND RELEASES
MARITAL AGREEMENT
MASTER CONDOMINIUM DEED
MECHANICS LIEN
MORTGAGE
OPTION AGREEMENT
PARTNERSHIPS
PLATS
POWER OF ATTORNEY
POWER OF ATTORNEY REVOCATION
PREPARATION STATEMENT
PROPERTY BONDS AS SURETY (BAIL BONDS)
REAL ESTATE TRANSFER TAX
RELEASE
STATE TAX LIENS AND RELEASES
SUBORDINATION AGREEMENT
WILLS DISCLAIMERS AND RENUNCIATION


AFFIDAVIT IN AID OF TITLE OR AFFIDAVIT IN SUPPORT OF TITLE                             

Document must be signed by the affiant and signature notarized.

Document must have a preparation statement and a return mail address.

The document is filed in the deed book and indexed in the index to deeds and mortgages.

These documents are filed to clear up a problem in the chain of title.

Filing fee: $9.00, KRS64.012 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page fee applies.

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AFFIDAVIT OF DESCENT OR AFFIDAVIT OF HEIRSHIP                                                     

Document must be: signed by the affiant and signature notarized.

Document must have: a preparation statement and a return mail address.

The affidavit, per KRS382.120, must have:

Name of ancestor

Date of the ancestors death

The marital status of the ancestor and, if married, the name of the surviving spouse and his or her mailing address

The place of residence of the ancestor at time of death

The fact that the ancestor died intestate

The names, ages and addresses, as far as is known, of each heir at law and next of kin who by the ancestors death inherited such real property and the relationship of each to the ancestor and the interest in such real property inherited by each.

The affidavit shall be filed with the clerk of the county in which the property is situated. It shall be recorded in the record of deeds and indexed in the general index of deeds, in the name of such ancestor as grantor, and in the name of each of such heirs at law and next of kin as grantees, in the same manner as if such named occurred in a deed of conveyance from the ancestor to the heirs at law.

Filing fee: $9.00, KRS64.012 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page applies.

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AFFIDAVIT OF REAL PROPERTY TRANSFER UNDER WILL                                             

Filed when a property transfer occurs by will or intestate succession, KRS382.135, section 4.

Document must contain the following information:

Name and addresses of person receiving each property passing by will or intestate succession (KRS382.135)

The full or fair market value of each property as estimated or established for any purpose in the handling of the estate

This document is filed by the personal representative of the estate prior to the closing of the estate.

Document must be: signed by the personal representative and notarized. The document should list the property or properties being transferred by either address or legal description or both. If the transfer is a result of a will, the will reference should be listed. If an intestate succession, the deed reference where the property was acquired.

The document must have: a preparation statement and a return mail address.

Recorded in deed book and indexed in deed and mortgage index. The affiant, the estate and those receiving property are all indexed.

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ARTICLES OF INCORPORATION                                                                                              

KRS 271B.1 - 200

The document must be:

Executed by one of the officers authorized in KRS 217B.1-200

Document must be filed with the Secretary of State first.

The clerk is presented one exact or conformed copy having the stamp of the Secretary of State.

The document may be, but is not required to be, acknowledged. The preparation statement called for in KRS 382.335 is not required, although most will have it.

Types of articles that are usually recorded are:

Amended and Restated

Articles of Amendment

Application for Certificate of Authority

Application for Amended Certificate of Authority

Application for Certificate of Withdraw

Application for reinstatement of Charter

Articles of Incorporation

Articles of Dissolution

Certificate of Authority

Change of Registered Office, Agent, etc.

Articles of Organization

Filing fees: $9.00 KRS 64.012 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page

Note: Nonprofit corporations do not receive a reduced fee. At one time, they did pay a lesser fee, but the fee now is the same regardless.

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ASSIGNMENT                                                                                                                                

An instrument in which a mortgage holder transfers his interest in a mortgage to another.

The document must have the following information:

First party (assignor)

Second party (assignee) and their mailing address per KRS.382.430, section 2

The name of the party or parties who executed the original mortgage

The mortgage book and page reference where the mortgage is lodged for record

Preparation statement

Return mail address

Book & page of mortgage (per KRS 382.290(5))

The document must be signed by the assignor and notarized.

Filing fee: $9.00, KRS64.012 (Clerk $8.00; postage, $1.00)

*Note: Blanket assignments, wherein more than one reference is being assigned in the same document, require an additional fee of $3.00 for each additional reference in order that the clerk may make the notation in his records, KRS382.290, KRS64.012.

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ASSIGNMENT OF RENTS AND/OR LEASES                                                                           

The document must have the following information:

First party

Second party

Legal description

A preparation statement

Return mail address

The document should be: executed and acknowledged.

This document is filed when a borrower uses fees collected under rental or lease agreements as additional security for a mortgage. When it is filed simultaneously with a mortgage, the mortgage should be timed first.

Filing fees: $12.00, KRS 64.012 (Clerk, $8.00; postage, $1.00; legal process tax, $3.00)

Exceeding 3 pages, $2.00 per page

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ASSUMED NAMES                                                                                                                         

AKA DBA (doing business as) or Fictitious Name Filing, KRS 365.015

Document must have:

The name being assumed

The real name and address of the individual or entity assuming the name

A return mail address

Assumed names may or may not have a preparation statement.

The document must be:

Executed and acknowledged, per KRS 365.015 as follows—

  1. Individual - by the individual
  2. General partnership - by all the partners
  3. Limited partnership - by the general partner
  4. Trust - by the trustees
  5. Corporation - by a person authorized to act for the corporation

Assumed names for coprorations or general or limited partnerships must first be filed with the Secretary of State. An exact or conformed copy stamped by the Secretary of State shall be filed at the county level per KRS 365.015, section 3.

Assumed name withdrawls are done in a similar manner per KRS 365.015, section 4.

Filing fees: $9.00, KRS 64.012 (Clerk, $8.00; postage, $1.00)

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ASSUMPTION AGREEMENT                                                                                                       

AKA Mortgage Assumption Agreement

This document is recorded when someone is assuming or taking over the obligation to repay a mortgage debt executed by another.

*Note: Normally the document is not recorded as the assumption is referred to in the deed of conveyance.

The document must have:

First party and their mailing address

Second party and their mailing address

Description of the mortgage to be assumed, i.e. the book and page reference of the original mortgage usually contains the legal description as well, but it is not required.

Preparation statement

Return mail address

Document must be: signed by the party, parties and the signature(s) notarized.

Filing fee: $9.00, KRS64.012 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page

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BOND TO RELEASE MECHANICS LIEN                                                                                  

KRS 376.100

The owner or claimant of property against which a lien has been asserted under KRS 376.010 may at any time before a judgement has been rendered enforcing the lien, execute before the County Clerk in which the lien was filed, a bond for double the amount of the lien claimed with good sureties to be approved by the clerk. Conditioned upon the obligors satisfying any judgement that may be rendered in favor of the person asserting the lien. The bond shall be preserved by the clerk and upon its execution, the lien shall be discharged.

The document must have:

The name of the party asserting the lien

The name of the party the lien is against

The surety bond must be attached to the release

There must be a place on the document for the clerk's approval of the surety.

The bond must be double the amount of the lien

A preparation statement

Reference where the lien is recorded (the book page)

Legal description

Return mail address

Include under the name of the party they released and recorded in the release book.

Filing fee: $9.00, KRS 64.012 (Clerk, $8.00; postage, $1.00)

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CONDOMINIUM DEEDS                                                                                                              

KRS 381.810

The document must have the following:

First party and their mailing address

Second party and mailing address

Description (unit number, condo name, etc) must state that it is horizontal property

Source of title, KRS 382.335

Preparation statement, KRS 382.335

Consideration certificate, KRS 382.135

Return mail address

The document must be: signed and acknowledge by the grantor and the consideration certificate signed and acknowledged by both parties.

Filing fees: $12.00, KRS 64.012 (Clerk, $8.00; postage, $1.00; legal process tax, $3.00)

Exceeding 3 pages, $2.00 per page

Transfer tax, per KRS 142.050, at the rate of .50 per $500 of valuation applies.

Exceptions listed in KRS 142.050, section 7. Exemptions from legal process tax are found in KRS 142.010 and Revenue Circular 73C203.

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CONDOMINIUM MORTGAGES                                                                                                 

The document requires:

Party of the first part (borrower)

Second party (lender) and their mailing address

Legal description

Maturity date, KRS 382.330 (Revolving credit accounts do not require this.)

Preparation statement

Mortgage amount

Source of title not required, but it is desirable to have

Return mail address

The document must be signed and acknowledged by the borrower.

The document is filed in the mortgage book or condo mortgage book. The document is indexed in the general index to deeds and mortgages under both parties.

Filing fees: $12.00, KRS 64.012 (Clerk, $8.00; postage, $1.00; legal process tax, $3.00)

Exceeding 3 pages, $2.00 per page

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CONSIDERATION CERTIFICATE                                                                                              

KRS 382.135

Provides that a statement of consideration be on virtually all deeds. The statement shall be sworn and notarized by both parties as to the true consideration in the deed. Exemptions are listed in KRS 382.135. The dollar amount on the consideration statement and the dollar amount stated in the deed must be the same amount.

Deeds of nominal or no consideration and deeds of gift require the statement stating the fair market value of the property, OAG 96-21.

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DECLARATION OF TRUST                                                                                                          

AKA Trust Agreement or Agreement of Trust

The document must have the following:

First party- the individual (s) who is establishing the trust

Second party- name of the trust and or the trustee

The trustee(s)

Preparation statement

Return mail address

The document must be signed and notarized.

Filing fees: $16.00, KRS 386.420, KRS 64.012 (Clerk, $15.00; postage, $1.00)

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DEED OF RESTRICTIONS                                                                                                           

AKA Deed of Restrictions and Covenant or Deed of Covenants and Restrictions or Deed of Restrictive Covenants.

The document must have:

A description of the property the restrictions are being placed upon. This is usually not a legal description. Normally the subdivision name and unit number and the plat reference, or for a tract of land, the address and/or legal description. For a condominium, the name of condominium and the plat reference and whether the restrictions apply to all units or to specific units within the condominium complex.

Preparation statement

Return mail address

The document must be: signed by the person or entity imposing the restrictions on the property and the signature notarized.

Filing fee: $9.00, KRS64.012, KRS142.010 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page.

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DEEDS                                                                                                                                              

Recording of deeds, KRS 382.110

The document must have the following information:

First party and their mailing address

Second party and their mailing address

Consideration statement, KRS 382.135

Legal description

Source of title, KRS 382.335

Return mail address

The document must be signed and acknowledged by the grantors. The grantor signs the deed and both the grantor and grantee must sign the consideration statement and the consideration statement must be notarized.

The document is filed in the deed book and indexed in the general index to deeds and mortgages under both parties.

Transfer tax is collected on the consideration in the deed, per KRS 142.050. The tax is computed at the rate of .50 for each $500 value or fraction thereof. KRS 142.050 list types of deeds which are exempt from this tax.

The Consideration Certificate required by KRS 382.135 is not required on the types of documents listed is KRS 382.135, section 2.

Filing fees: $12.00, KRS 64.012 (Clerk, $8.00; postage, $1.00; legal process tax, $3.00)

Exceeding 3 pages, $2.00 per page

Note: The legal process tax, KRS 142.010, is not collected on a deed of correction since it was paid in the original recording.

Documents presented for recording by the United States of Amercia, Commonwealth of Kentucky, or any agency of the Commonwealth, such as local governments for their agencies are exempt from the process tacin KRS 142.010. The exemption is granted by the Revenue Cabinet in Revenue Circular 73C203, dated 7-1-86. This exemption only applies if the documents are actually presented for recording by one of the aforementioned entities.

KRS 142.050—Transfer tax applies to the value listed in the deed and is imposed upon the grantor. Exemptions are listed in KRS 142.050 (7).

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EASEMENT                                                                                                                                      

Document must have:

First party and their mailing address

Second party and their mailing address

Consideration statement signed by both parties and notarized*

Legal description

Address of each parcel**

Source of title

Preparation statement

Return mail address

*Documents which convey only utility easements do not require a consideration certificate.

**Those having more than one address will be indexed under each parcel and will require the additional notation fee outlined in KRS64.012.

Document must be: signed and notarized

Indexing Info: recorded in deed book and indexed in general index to deeds. Indexed under both parties and each parcel affected.

Filing fee: $12.00, KRS64.012 (Clerk, $8.00; postage, $1.00; legal process tax, $3.00)

Exceeding 3 pages, $2.00 per page

If the document contains more than one parcel, a fee of $3.00 for notating each additional parcel applies, per KRS64.012.

Recorded in the regular and condominium deed books, if the county uses separate books. The Horizontal Property Act of 1962 (OAG 62-517) does not require the establishment of a separate deed book, although clerks may do so at their discretion if circumstances make it desirable.

The master deed establishes a Horizontal Property Regime per KRS 381.815 and 381.810. Definitions regarding horizontal property are found in KRS 381.810 and recording requirements are listed in KRS 381.835.

The document must have:

Description of the land

General description and the number of each unit

Description of the general common elements of the building

Preparation statement

Return mail address

A set of the floor plans must be filed simultaneously with the master deed. These are recorded in the condominium plat records, or the regular plat records, if a separate set of plat records is not maintained.

The document must be signed and notarized.

Filing fee: $12.00*, KRS64.012 and KRS142.010 (Clerk, $8.00; postage, $1.00; legal process tax, $3.00) Exceeding 3 pages, $2.00 per page.

*If a separate condominium deed book is maintained, the fee is collected twice, once for its filing in the deed book and once for the condominium deed book filing.

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FEDERAL TAX LIENS AND RELEASES                                                                                   

AKA IRS liens and releases

These documents are recorded by the IRS. The liens are filed per KRS382.480 and the releases per KRS382.490.

The documents must have:

First party on liens is IRS

Second party is the taxpayer

First party on release is IRS

Second party is the taxpayer

Document must be: signed by the appropriate IRS agent. They do not require notarization.

Filing fees: $8.00 (both liens and releases), KRS64.012, KRS382.500 (Clerk, $8.00)

*Note: On rare occasions, the IRS will release more than one reference in a release. The $3.00 additional notation fee, per KRS64.012, would apply.

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INSTRUMENT EXECUTED IN A FOREIGN LANGUAGE                                                       

KRS 382.180

Documents presented in a language other than English may be filed if the person producing the document offers a correct English translation of the document. The translation is filed, along with the document, in the appropriate book.

If the document was executed in a foreign country, the acknowledgement must comply with KRS 382.150.

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LAND USE RESTRICTIONS                                                                                                                   

Filed by planning commission to show land use restrictions, including variances, conditional use permits and conditional zoning permits, plats and development plans, per KRS 100.3681.

Filed in counties containing a planning commission.

The document requires the format stated in KRS 100.3683.

Filing fees: $11.50, KRS 100.3681 (Clerk $10.50; postage, $1.00)

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JUDGMENT LIEN                                                                                                                          

AKA Notice of Execution

The document must have the following:

First party - the person or entity receiving the judgment

Second party - the person or entity whom the judgment is against

Amount of judgment, including principal, interest rate, court costs and

attorney fees

Court of record entering the judgment

Civil action number of the case

The judgement must include the language of KRS427.060 and

KRS426.720, section 3 (see attached example).

Preparation statement

Return mail address

The document must be: signed by the judgment creditor or his attorney. The signature does not need to be notarized.

Filing fee: $9.00, KRS64.012 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page.

Foreign judgments are filed in the same manner per KRS426.955. The judgment from the foreign jurisdiction must be an authenticated copy in accordance with the Act of Congress or the statutes of the state.

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LAND CONTRACT OR CONTRACT FOR DEED                                                                     

Document must have:

First party and their mailing address

Second party and their mailing address

Legal description of the property

Source of title

Preparation statement

Document must be: signed and notarized by both parties.

Filing fee: $12.00, KRS382.100 and KRS64.012 (Clerk, $8.00; postage, $1.00; legal process tax, $3.00) (legal process tax applies per OAG43.771)

Exceeding 3 pages, $2.00 per page.

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LEASE                                                                                                                                               

The document must have the following information:

First party and their mailing address

Second party and their mailing address

Description

Preparation statement

The document must be signed and notarized.

Filing fee: $12.00, KRS 64.012 (Clerk, $8.00; postage, $1.00; KRS 142.010 legal process tax $3.00)

Exceeding 3 pages, $2.00 per page

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LEGAL PROCESS TAX                                                                                                                  

KRS 142.010

Requires a tax of $3.00 to be collected on each power of attorney to convey property, mortgage and deed. This is collected at the time of recording as part of the filing fee.

Exceptions are deeds of correction because the fee was paid in the initial recording.

Documents actually presented for recording by the United States of Amercia, Commonwealth of Kentucky or any agency of the Commonwealth, such as local governments or other agencies, are exempt from this tax, per Revenue Circular 73C203, dated 7-1-86.

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LIS PENDENS AND RELEASES                                                                                                

Usually entitled notice of lis pendens.

Lis pendens means a pending suit. The notice of lis pendens is filed on the public record for the purpose of warning all persons that the title to certain property is in litigation and that they are in danger of being bound by adverse judgement.

The document must have the following information:

First party - the person or entity asserting the lien

Second party - the person, persons or entity upon whom interest in the land the lien is being filed against.

A legal description of the land involved

The document must state the action number and the court in which the action is pending.

A preparation statement

Return mail address

The document must be: signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Filing fee: $9.00, KRS64.012 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page.

Releases of lis pendens and other encumbrances are filed per KRS382.470. These releases require the following:

First party - the person or entity releasing the lien

Second party - the person or entity being released

The book and page reference being released

Preparation statement

Return mail address

Documents must be: signed and notarized by the party releasing the lien.

Filing fee: $9.00, KRS64.012 (Clerk $8.00; postage, $1.00)

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MARITAL AGREEMENT                                                                                                              

AKA Prenuptial Agreement or Antenuptial Agreement

This document is entered into by two parties entering a marriage, that wish to decide how property and assets will be distributed in the event of a divorce or death of one of the parties.

The document must have:

First party

Second party

Preparation statement

Return mail address

The document must be signed and acknowledged by both parties.

Filing fees: $9.00, KRS 64.012 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page

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MASTER CONDOMINIUM DEED                                                                                              

Recorded in the regular and condominium deed books, if the county uses separate books. The Horizontal Property Act of 1962 (OAG 62-517) does not require the establishment of a separate deed book, although clerks may do so at their descretion if circumstances make it desirable.

The master deed establishes a Horizontal Property Regime per KRS 381.815 and 381.810. Definitions regarding horizontal property are found in KRS 381.810 and recording requirements are listed in KRS 381.835.

The document must have:

Description of the land

General description and the number of each unit

Description of general common elements of the building

Preparation statement

Return mail address

A set of the floor plans must be filed simultaneously with the master deed.

These are recorded in the condominium plat records, or the regular plat records, if a separate set of plat records is not maintained.

The document must be signed and notarized.

Indexing information: The document is indexed in the general index to deeds, under the name of the condominium and the developer. (It also indexed in the condominium index, if a separate one is kept.)

Filing fee: $12.00*, KRS 64.012 and KRS 142.010 (Clerk, $8.00; postage, $1.00; legal process tax, $3.00) Exceeding 3 pages, $2.00 per page

*If a separate condominium deed book is maintained, the fee is collected twice—once for its filing in the deed book and once for the condominium deed book filing.

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MECHANICS LIEN                                                                                                                         

AKA materialman's lien.

This document also includes attorney's lien and adjuster's liens (liens on horses) and veterinary liens.

These are filed when payment for building repair, storage or services has not been made. These are filed per KRS376.010, KRS376.080.

The document must have the following:

First party - the one asserting the lien

Second party - the person whom the lien is asserted against

The lien is filed against the owner of the property and their name must be

listed. For example, a lien may be filed by a subcontractor because he has

not been paid by the general contractor. The lien however is filed against

the property and its owner, not the general contractor.

Legal description of the property, per KRS376.080. It must be sufficient enough to identify the property. Liens on houses or automobiles or equipment must identify the property. For example, serial numbers, make, model or licensing information. On horses, the horse is named a three year old, brown colt known as ABC out of XYZ by HIK.

The lien must state the amount due and whether the services were performed on contract with the owner or subcontractor.

Preparation statement

Return mail address

The lien must be: signed by the person claiming the lien or someone on his behalf. Their signature must be notarized and the notary format must be subscribed and sworn to in order for the lien to be valid, KRS376.080.

Filing fee: $9.00, KRS64.012 (Check, $8.00; postage, $1.00)

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MORTGAGE                                                                                                                                    

AKA Deed of Trust or Indenture of Trust

Document is recorded in the mortgage book.

Document must have the following:

First party (i.e. Borrower, mortgagor) and their mailing address

Second party (i.e. Lender, mortgage) and their mailing address

Amount of the mortgage

Maturity date (except for revolving credit accounts which do not require a maturity date)

Legal description of the property (A source of title is not required, however, it is desirable to have it.)

Preparation statement

Return mail address

Document must be: signed by the mortgagor (borrower) and notarized.

Filing fee: $12.00, KRS64.012, KRS142.010 (Clerk, $8.00; postage, $1.00; legal process tax, $3.00)

Exceeding 3 pages, $2.00 per page.

*Note: Mortgages that have an assignment as part of the document have a filing fee of $20.00 (Clerk, $16.00; postage, $1.00, legal process tax, $3.00)

Exceeding 3 pages, $2.00 per page.

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OPTION AGREEMENT                                                                                                                 

These documents grant a party the option to purchase real estate for a specified period of time.

The document must have the following:

First party and their mailing address

Second party and their mailing address

Legal description (Sometimes only the address is given, but the legal is preferred.)

Preparation statement

Return mail address

The document must be: signed and notarized

Filing fee: $9.00, KRS 64.012 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page

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PARTNERSHIPS                                                                                                                             

KRS 362.425, KRS 362.407

Partnership agreements or certificates are filed with the Secretary of State first, then with the County Clerk.

The document must have the stamp of the Secretary of State on it in order to be filed at the county level, per KRS 362.425 (2) ©. The person presenting the partnership to the Secretary of State should present two copies—one is filed there and one stamped as having been filed. This copy is then recorded in the County Clerk's office in the county where the partnership maintains an office, per KRS 362.407.

Filing Fee: $9.00, KRS 64.012 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page.

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PLATS                                                                                                                                               

KRS 100.283. The County Clerk shall record plats after approval by the planning commission.

The document must have the following:

The plat must have the approval of the planning commission and must have the commission's certification on it, signed and dated.

The plat requires the surveyor's certification, signed and dated and his seal.

The engineer certification, signed and dated, and his seal is only required for major plats, not for minors or consolidations.

The plat cannot exceed 24 inches in size, per KRS 100.283.

Some jurisdictions use a smaller size requirement.

Condominium plats are not required to go through the planning commission.

Filing fee: $15.00, per KR 64.012, plus postage of $1.00, also an expense fee for having the mylar reproduced as a blue line by the county engineer. For example, in Hopkins County the fee is clerk $15.00, postage $1.00 and $10.50 expense fee.

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POWER OF ATTORNEY                                                                                                                 

Document must have the following information:

First party and their mailing address

Second party and their mailing address

Return mail address

Document must be:

Signed by first party

Notarized

A preparation statement is not required, AGO-62-1100

The document is filed in the deed book and indexed in the general index to deeds and mortgages.

There are two types: general, which grants full power, and specific, which allows only a specific act or acts.

Filing fee: $12.00 (Clerk, $8.00; legal process, $3.00; postage, $1.00)

KRS382.300, KRS64.012 and KRS142.010 apply.

Exceeding 3 pages, a fee of $2.00 per page applies.

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POWER OF ATTORNEY REVOCATION                                                                                     

(Sometimes called a cancellation.)

The document has the same requirements as a Power of Attorney.

Filing fee: $9.00, KRS64.012 (Clerk, $8.00; postage, $1.00)

The legal process tax does not apply, KRS142.010 & KS4238

Exceeding 3 pages, the fee is $2.00 per page.

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PREPARATION STATEMENT                                                                                                      

AKA Scrivners Statement, KRS 382.335

Provides that virtually all documents filed in land records contain the author's name, address and signature.

Example:

Prepared by: ______________________

John B. Jones

200 E. Main St.

Lexington, KY 40507

The statue provides that the author's signature can be a facsimile on the statement.

Documents that do not require preparation statements are Powers of Attorney and corporate record documents, such as articles of incorporation, assumed names and partnership agreements.

This act does not apply to documents executed prior to July 1, 1962.

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PROPERTY BONDS AS SECURITY (BAIL BONDS)                                                                

Filed in the miscellaneous encumbrance book. Filed when a property owner pledges his property as surety to secure the release of a prisoner from jail.

The document must have:

First party: Commonwealth of Kentucky

Second party: the owner of the property being pledged as surety. This is sometimes the person charged with the crime, but more than likely it will not be.

Address or legal description or both of the property being used a surety

The copy of the bond and schedule of real estate being filed must be certified by the circuit clerk of court requiring the bond, per KRS 431.535.

Filing fees: $21.00 per KRS 64.012 and OAG 97-32 (Clerk $16.00; postage $2.00; legal process tax; $3.00—broken down per OAG97-32 as bond filing fee $8.00, $1.00 postage; and $3.00 legal process tax. Release filing fee $8.00 and $1.00 postage.)

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REAL ESTATE TRANSFER TAX                                                                                                 

KRS 142.050 KAK Deed Transfer Tax

This statute requires the collection by the County Clerk of a tax on each deed, regardless of where made, executed or delivered, by which any real property or interest therein is conveyed vested, granted bargained, sold, transferred or assigned.

The tax is imposed upon the value of the full consideration listed in the deed that is said to paid, including the amount of any lien or liens thereon. This tax is imposed upon the grantor listed in the deed, per KRS 142.050 (2).

The tax is calculated at the rate of .50 per $500 of valuation or any fraction thereof.

The exemptions are listed in KRS 142.050, section 7. This section does not apply to any deeds executed prior to March 28, 1968, even if they are presented for recording after that date, OAG 68-414.

Transfer to any of the governmental units listed in KRS 142.050 (7)(B) are exempt only in the case of gifts or nominal consideration, OAG 93-73.

In the event of a deed in which the property lies in two counties, the tax should be paid on the entire value of the land in the first county of filing. (OAG68-168). The county with the greater amount of land should be the first county of filing OAG 84-48. When presenting the deed for filing in the other county, evidence should be on the deed, or attached to it, showing the tax was colledted in the other county.

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RELEASE                                                                                                                                          

AKA Deed of Release, Satisfaction of Mortgage, Discharge of Mortgage, KRS382.360, KRS382.290

The document must have the following:

First party (the person or entity releasing the obligation)

Second party (the individual or entity being released)

The mortgage book and page reference being released, or the deed book and page in the case of a vendors lien.

Partial releases require a description of the property being released

Preparation statement

Return mail address

Document must be: signed by the party or parties executing the release and the signature(s) notarized.

Filing fees: $9.00, KRS64.012 (Clerk, $8.00; postage, $1.00)

*Note: Blanket release which release more than one reference, the clerk shall collect a fee of $3.00 for each additional reference for indexing the notation per KRS64.012, KRS382.290.

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STATE TAX LIENS AND RELEASES                                                                                          

Types of state tax liens are:

State tax lien (Revenue Cabinet)

Recoupment lien (Workforce Development Cabinet)

Unemployment Insurance

Workers Compensation

The document must have:

First party - the commonwealth on liens and releases

Second party - taxpayer on liens and releases

A book and page reference of the original lien or releases

Filing fee: $5.00, KRS64.012 (Clerk, $5.00)

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SUBORDINATION AGREEMENT                                                                                              

This document is recorded to establish the priority of mortgages and is filed in the mortgage book.

The document must have the following:

First party (subordinating lender and borrower)

Second party (superior lender) and their mailing address

Description of mortgage being subordinated, i.e. original mortgage book and page reference (sometimes the legal description is included, but not required).

Document must be: signed by the first party and notarized

Filing fee: $9.00, KRS 64.012 (Clerk, $8.00; postage, $1.00)

Exceeding 3 pages, $2.00 per page

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WILLS DISCLAIMERS AND RENUNCIATIONS                                                                      

Recording of wills, KRS 394.300

Wills must be:

Admitted for probate in the district court of the county and contain a probate certificate before they can be recorded. The clerk may record wills probated in another Kentucky county if an attested copy of the will and order of probate for the County Clerk in the county where the will was originally filed is presented, KRS 394.300.

Disclaimers and renunciations are also filed in the will book and are indexed under the deceased name.

Filing fees: $8.00, KRS 64.012. This is the fee for all of these documents, regardless of length.

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