{"data":{"id":"us-ky/krs-382.290","jurisdiction":"us-ky","citation":"KRS 382.290","heading":"Recording of mortgages and deeds retaining liens -- Assignment --","body":"Discharge -- Form of record -- Clerk's fee.\n(1) In recording mortgages and deeds in which liens are retained (except railroad\nmortgages securing bonds payable to bearer), there shall be left a blank space\nimmediately after the record of the deed or mortgage of at least two (2) full lines for\neach note or obligation named in the deed or mortgage, or in the alternative, at the\noption of the county clerk, a marginal entry record may be ke pt for the same\npurposes as the blank space. Each entry in the marginal entry record shall be linked\nto its respective referenced instrument in the indexing system for the referenced\ninstruments.\n(2) No county clerk or deputy county clerk shall admit to re cord any mortgage or deed\nin which liens are retained unless the mortgage or deed in which a lien is retained\nplainly specifies and refers to the immediate source from which the mortgagor or\ngrantor derived title to the property or the interest encumbered therein.\n(3) When any note named in any deed or mortgage is assigned to any other person, the\nassignor may, over his own hand, attested by the clerk, note such assignment in the\nblank space, or in a marginal entry record, beside a listing of the book and p age of\nthe document being assigned, and when any one (1) or more of the notes named in\nany deed or mortgage is paid, or otherwise released or satisfied, the holder of the\nnote, and who appears from the record to be such holder, may release the lien, so far\nas such note is concerned, by release, over his own hand, attested by the clerk. Each\nentry in the marginal entry record shall be linked to its respective referenced\ninstrument in the indexing system for the referenced instrument.\n(4) No person who does n ot, from such record or assignment of record, appear at the\ntime to be the legal holder of any note secured by lien in any deed or mortgage, shall\nbe permitted to release the lien securing any such note, and any release made in\ncontravention of this sectio n shall be void; but this section does not change the\nexisting law if no such entry is made.\n(5) For each assignment and release so made and attested by the clerk, he may charge a\nfee pursuant to KRS 64.012 to be paid by the person executing the release or  noting\nthe assignment.\n(6) If such assignment of a note is made by separate instrument or by deed assigning the\nnote, or in a marginal entry record, the instrument of writing or deed or marginal\nentry record shall set forth the date of notes assigned, a b rief description of notes,\nthe name and post office address of assignee, and the deed book and page of the\ninstrument wherein the lien or mortgage is recorded and the clerk or deputy clerk\nreceiving such instrument of writing or deed of assignment for reco rd shall at the\noption of the county clerk immediately either link the assignment and its filing\nlocation to its respective referenced instrument in the indexing system for the\nreferenced instrument, or endorse at the foot of the record in the space provid ed in\nsubsection (1) of this section, \"The notes mentioned herein (giving a brief\ndescription of notes assigned) have been transferred and assigned to (insert name\nand address of assignee) by deed of assignment (or describe instrument) dated and\nrecorded i n deed book .... page ....,\" and attest such certificate. For making such\nnotation on the record the clerk shall be allowed a fee pursuant to KRS 64.012 for\neach notation so made, to be paid by the party filing the instrument of writing or\ndeed of assignment.\n(7) No holder of a note secured by lien retained in either deed or mortgage shall lodge\nfor record, and no clerk or deputy clerk shall receive and permit to be lodged for\nrecord, any deed or instrument of writing that does not comply with the provision s\nof this section.","path":["KRS Chapter 382"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44935","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:12Z","sha256":"3e95e511729a91b864bce2d42b8698375a2df150fe742921cc3533eccf614505","source_id":"us-ky","stale":false,"prev":"us-ky/krs-382.285","next":"us-ky/krs-382.295"},"notice":"GroundRules: Original legal text. Not legal advice."}