{"data":{"id":"us-ky/krs-218a.450","jurisdiction":"us-ky","citation":"KRS 218A.450","heading":"Lien on forfeited property -- Action by trustee -- Release of lien.","body":"(1) The Commonwealth shall have a lien on all property, real or personal, which is\nforfeit to the Commonwealth by virtue of KRS 218A.410. This lien shall not be\ndefeated by gift, devise, sale, alienation, or any means whatever except by sale to a\nsubsequent bo na fide purchaser for value without actual or constructive notice of\nthe lien. The lien shall commence from the time the property becomes forfeit and\nshall have priority over any other obligation or liability following that time but shall\nbe subordinate to any then existing perfected security interest on the property that is\nnot itself subject to forfeiture.\n(2) The Commonwealth may file on the official records of any one (1) or more counties\na forfeiture lien notice of the lien created in subsection (1) of  this section. No filing\nfee or other charge shall be required as a condition for filing the forfeiture lien\nnotice, and the appropriate clerk shall, upon the presentation of a forfeiture lien\nnotice, immediately record it in the official records.\n(3) The forfeiture lien notice shall be signed by an attorney authorized to institute a\nforfeiture action on behalf of the Commonwealth. The notice shall set forth the\nfollowing information:\n(a) A description of the property which is subject to the lien;\n(b) The name of the owner of record of the property subject to the lien if known;\n(c) The date and place of seizure or location of any property not seized but subject\nto forfeiture;\n(d) The violation of law alleged with respect to forfeiture of the property;\n(e) A reference to any judicial proceeding pending against the property with\nreference to forfeiture, including the name of the county or counties where the\nproceeding has been brought, and, if known at the time of filing of the\nforfeiture lien notice, the case number of the proceeding, and the name of the\ndefendant;\n(f) The name and address of the attorney filing the forfeiture lien notice.\n(4) The attorney filing the forfeiture lien notice shall, as soon as practicable after filing,\nfurnish to any owner or lienholder of record either a copy of the recorded notice or a\ncopy of the notice with annotation on it of the county or counties in which the\nnotice has been recorded. Failure to provide a copy of the notice shall not invalidate\nor otherwise affect the lien.\n(5) In conjunction with any forfeiture proceeding, an attorney representing the\nCommonwealth may file, without prior court order, in any county, a lis pendens\nunder the provisions of KRS 382.440, and any person acquiring an interest in the\nsubject real pro perty or interest in it, if the real property or interest is acquired\nsubsequent to the filing of lis pendens, shall take the interest subject to any\nsubsequent judgment of forfeiture.\n(6) (a) A trustee who acquires actual knowledge that a forfeiture lien notice or a\nforfeiture proceeding has been filed against any property to which he holds\nlegal or record title, shall immediately furnish to the attorney representing the\nCommonwealth the following:\n1. The name and address of the holder of the beneficial interest in the\nproperty, as known to the trustee;\n2. The name and address, as known to the trustee, of all other persons for\nwhose benefit the trustee holds title to the personal or real property;\n3. If requested by the attorney representing the Commonwealth, a copy of\nthe trust agreement or other instrument under which the trustee holds\nlegal or record title to the personal or real property.\n(b) Any trustee who knowingly fails to comply with the provisi ons of this section\nis guilty of a Class D felony.\n(7) Any trustee who knowingly transfers or conveys title to personal or real property for\nwhich a forfeiture lien notice has been filed at the time of the transfer or conveyance\nin the county where the per sonal or real property is located shall be liable to the\nCommonwealth for the greater of:\n(a) The amount of proceeds received directly from the property named in the\nforfeiture lien notice as a result of the transfer or conveyance;\n(b) The amount of procee ds received by the trustee as a result of the transfer or\nconveyance and distributed to the holder of the beneficial interest in the\nproperty named in the forfeiture lien notice; or\n(c) The fair market value of the interest of the property named in the for feiture\nlien notice transferred or conveyed;\nbut if the trustee transfers or conveys the personal or real property and holds the\nproceeds that would otherwise be paid or distributed to the beneficiary or at the\ndiscretion of the beneficiary or his designe e, the trustee's liability shall not exceed\nthe amount of the proceeds held for so long as the proceeds are held by the trustee.\n(8) The Commonwealth may bring a civil proceeding in any Circuit Court against the\ntrustee to recover from the trustee the amou nts set forth in subsection (7) of this\nsection, and the Commonwealth shall also be entitled to recover investigative costs\nand attorney's fees incurred.\n(9) (a) The provisions of this section shall not apply to any transfer or conveyance by\na trustee unde r a court order, unless the court order is entered in an action\nbetween the trustee and the beneficiary.\n(b) Unless the trustee has actual knowledge that property is named in a forfeiture\nlien notice, this section shall not apply to:\n1. Any conveyance by a  trustee required under the terms of any trust\nagreement where the trust agreement is a matter of public record prior to\nthe filing of any forfeiture lien notice; or\n2. Any transfer or conveyance by a trustee to all of the persons who own a\nbeneficial interest in the trust.\n(10) The term of a forfeiture lien notice shall be for a period of six (6) years from the\ndate of filing unless a renewal forfeiture lien notice has been filed, and, in such\ncase, the term of the renewal forfeiture lien notice shall be f or a period of six (6)\nyears from the date of its filing. The Commonwealth shall be entitled to only one\n(1) renewal of the forfeiture lien notice.\n(11) The attorney who filed the forfeiture lien notice may release in whole or part any\nforfeiture lien noti ce or may release any personal or real property or interest in it\nfrom the forfeiture lien notice upon the terms and conditions he determines. Any\nexecuted release of a forfeiture lien notice shall be filed in the official records of\nany county. No charge or fee shall be imposed for the filing of any release of\nforfeiture lien notice.\n(12) If no court proceeding to obtain an order of forfeiture is pending against the\nproperty named in a forfeiture lien notice at the time of its filing, for purposes only\nof contesting the notice, it shall be treated as a seizure pursuant to KRS 218A.415.\n(13) An agent of the Commonwealth shall have a continuing right to inspect property\nagainst which a forfeiture lien has been placed pursuant to this section and the\nCommonwealth shall have the authority to stay any civil foreclosure or repossession\nactions concerning property subject to the lien pending final order of forfeiture.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9710","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"15369ce7224ceac6fe4c53171a5080fcc14df6b77eb79acda34d1ccbb6d56fb6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.440","next":"us-ky/krs-218a.460"},"notice":"GroundRules: Original legal text. Not legal advice."}