KRS § 382.110 — KY Code / Title XXXII / Chapter 382 / Section 382.110
382.110 Recording of deeds and mortgages -- Place of recording -- Use of certified copies of original records -- Contents of deed -- Filing of deed in lieu of foreclosure -- Time for filing deed
Status: in_force

382.110 Recording of deeds and mortgages -- Place of recording -- Use of certified

copies of original records -- Contents of deed -- Filing of deed in lieu of

foreclosure -- Time for filing deed.

(1) All deeds, mortgages and other instruments required by law to be recorded to be

effectual against purchasers without notice, or creditors, shall be recorded in the

county clerk's office of the county in which the property conveyed, or the greater

part thereof, is located.

(2) No county clerk or deputy county clerk shall admit to record any deed of

conveyance of any interest in real property equal to or greater than a life estate,

unless the deed plainly specifies and refers to the immediate source from which the

grantor derived title to the property or the interest conveyed therein.

(3) An authentic photocopy of any original record may be certified, as a true, complete,

unaltered copy of the original record on file by the official public custodian of the

record. A certified copy of a document certified by the official public custodian of

that document may be submitted for filing in any other filing officer's jurisdiction as

though it were the original record. However, no county clerk or deputy county clerk

shall accept for filing any original document or certified copy of any document

unless the original document and its certified copy conforms to all statutory

requirements for filing the document under KRS Chapter 382. The provisions of

this subsection shall apply only to a record generated and filed in Kentucky, and

only if the certified copy thereof is to be utilized in Kentucky. If the record is a

foreign record or a Kentucky record to be filed or utilized in a foreign jurisdiction,

then this subsection shall not apply and applicable federal, Kentucky, or foreign law

shall apply.

(4) If the source of title is a deed or other recorded writing, the deed offered for record

shall refer to the former deed or writing, and give the office, book and page where

recorded, and the date thereof. If the property or interest therein is obtained by

inheritance or in any other way than by recorded instrument of writing, the deed

offered for record shall state clearly and accurately how and from whom the title

thereto was obtained by the grantor.

(5) If the title to the property or interest conveyed is obtained from two (2) or more

sources, the deed offered for record shall plainly specify and refer to each of the

sources in the manner provided in subsections (2) and (4), and shall show which

part of the property, or interest therein, was obtained from each of the sources.

(6) No grantor shall lodge for record, and no county clerk or deputy shall receive and

permit to be lodged for record, any deed that does not comply with the provisions of

this section.

(7) No clerk or deputy clerk shall be liable to the fine imposed by subsection (1) of

KRS 382.990 because of any erroneous or false references in any such deed, nor

because of the omission of a reference required by law where it does not appear on

the face of such deed that the title to the property or interest conveyed was obtained

from more than one (1) source.

(8) This section does not apply to deeds made by any court commissioner, sheriff or by

any officer of court in pursuance of his duty as such officer, nor to any deed or

instrument made and acknowledged before March 20, 1928. No deed shall be

invalid because it is lodged contrary to the provisions of this section.

(9) A mortgage holder shall file a deed in lieu of foreclosure in the county clerk's office

of the county in which the property conveyed, or the greater part thereof, is located,

no later than forty-five (45) days after the date the deed in lieu of foreclosure is

executed.

(10) A deed filed pursuant to KRS 426.577 shall be filed by the grantee within five (5)

business days of receipt of the deed from the commissioner appointed by a court to

convey the property.