Recording Requirements

The statute provides that preparer’s signature can be a facsimile on the statement. This means that a stamp or a computerized signature is acceptable on the preparation statement. Documents that have a “Drafted by” statement or “Reviewed by” statement do not meet the requirements of a “Preparation Statement”. The statute requires that the preparation statement must be on the document prior to any attachments or exhibits.

• All documents filed in land records that are notarized should have the Notary’s Signature and Notary ID #. Notary should not be expired / is not cited, Notary statement should have the names of Grantor/Grantee
• Correct fee should be remitted.
• Check should be signed and enclosed with documents.
• Should have the complete address of Grantor/Grantee on deed, mortgage, other
• Property should be in Jefferson County Kentucky
• Should have property description / will need book and page being released/assigned
• Should have a source of title (deed book and page or will book and page number)
• Should have the fair market value of the property
• Should have the signature of Grantor/Grantee affixed
• Original documents or “certified copy” are required for recording
• Statute should be mentioned on Deed as to why transfer tax is not due
• Exhibit should be attached when it states “See exhibit attached”
• Corporations, LLC and Partnerships must be recorded with the Secretary of State before the County Clerk can record them
• Case numbers should be listed on Lis Pendens, Judgments or Notice of Execution for recording
• Additional $12 is needed for extra tracts on Lis Pendens / extra property owners on Maintenance Liens
• Fixture Filings must state “To be recorded in real estate records” and have description or source of title
• Document will need Assignee’s address
• Need tax bill mailing address on Deed
• If property is tax exempt, the document must state “Property is tax exempt” listing the KRS statutes
• Book and page is needed for Power of Attorney to sign if stated

A mortgage should be recorded in the county in which the property is located. Ky. Rev. Stat. § 382.110.

A mortgage in Kentucky is valid as against third parties from the date it is acknowledged and recorded. Ky. Rev. Stat. § 382.080. See also Ky. Rev. Stat. § 382.280 and Sirls v. Jordan, 625 S.W.2d 106, 108 (Ky. Ct. App. 1981); Citizens State Bank v. United States, 932 F.2d 490 (6th Cir. 1991).

In order to be accepted for recording, a mortgage in Kentucky should contain the following additional information:

• Amount of the loan (Ky. Rev. Stat. § 382.070)
• Maturity date (Ky. Rev. Stat. § 382.330)
• Name and address of the lender (Ky. Rev. Stat. § 382.430)

Statement specifying and referencing the immediate source from which the mortgagor derived title to the property or the interest encumbered therein (Ky. Rev. Stat. § 382.290(2)