KRS 382.110: Recording of deeds and mortgages -- Place of recording -- Use of certified
Where this section sits in the code
- KRS Chapter 382
copies of original records -- Contents of deed -- Filing of deed in lieu of
foreclosure -- Time for filing deed -- Petition by municipal government to
compel filing of a 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 g reater
part of the property conveyed, is located.
(2) A county clerk or deputy county clerk shall not 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 refer s to the immediate source from which the
grantor derived title to the property or the interest conveyed in the deed.
(3) (a) An authentic photocopy of any original record may be certified as a true,
complete, unaltered copy of the original record on file b y the official public
custodian of the record.
(b) A certified copy of a document may be submitted for filing in any other filing
officer's jurisdiction as though it were the original record. However, a county
clerk or deputy county clerk shall not accept for filing any original document
or certified copy of any document unless the original document and its
certified copy conform to all statutory requirements for filing the document
under KRS Chapter 382.
(c) This subsection shall apply only to a record gen erated and filed in Kentucky,
and only if the certified copy of the record 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 app licable
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 o f recording. If the property or interest in the property 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 to the property or interest 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) of this section, and shall
show which part of the property, or interest in the property, was obtained from each
of the sources.
(6) A grantor shall not lodge for record, and a county clerk or deputy shall not receive
and permit to be lodged for record, any deed that does not comply with this section.
(7) A clerk or deputy clerk shall not be liable for the fine imposed by KRS 382.990(1)
because of any erroneous or false references in any deed, nor because of the
omission of a reference required by law where it does not appear on the face of the
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 court officer in pursuance of his or her duty as a court officer, nor to an y deed
or instrument made and acknowledged before March 20, 1928. A deed shall not be
invalid because it is lodged contrary to 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 of the property
conveyed, is located, no later than forty-five (45) days after the date the deed in lieu
of foreclosure is executed.
(10) (a) A deed filed pursuant to KRS 426.577 shall be filed by the grantee with in five
(5) business days of receipt of the deed from the commissioner appointed by a
court to convey the property.
(b) If the property is located within the boundaries of a municipal government
and the grantee has not filed the deed from the commissioner within thirty
(30) business days of its receipt, the municipal government may file a petition
in the Circuit Court of the county where the property is located requesting the
court to enter an order:
1. Compelling the filing of the deed by the grantee; and
2. Awarding court costs and attorney's fees incurred in bringing the
petition.
Collected 2026-09-05T20:59:12Z. Source file · JSON