{"data":{"id":"us-ky/krs-382.360","jurisdiction":"us-ky","citation":"KRS 382.360","heading":"Discharge of liens by deed or mortgage -- Assignment of mortgage --","body":"Effect.\n(1) Liens by deed or mortgage may be discharged by an entry acknowledging their\nsatisfaction on the margin of the record thereof, or in the alternative, at the option of\nthe county clerk, in a marginal entry record, signed by the person entitled thereto, or\nhis or her personal representative or agent, and attested by the clerk, or may be\ndischarged by a separate deed of release, which shall recite the date of the\ninstrument and deed book and the page wherein it is recorded. Such release in the\ncase of a mortgage or deed of trust shall have the effect to reinstate the title in the\nmortgagor or grantor or person entitled thereto. Each entry in the marginal entry\nrecord shall be linked to its respective referenced instrument in the indexing system\nfor the referenced instruments.\n(2) If a lien or mortgage is released by a deed of release, the clerk shall immediately, at\nthe option of the clerk, either link the release and its filing location to its respective\nreferenced instrument in the indexing system for the referenced instrument, or\nendorse on the margin of the record wherein the lien is retained \"Released by deed\nof release (stating whether in whole or in part) lodged for record (giving date, deed\nbook and page wherein such deed of release may be found)\" and the clerk shall also\nattest such certificate.\n(3) When a mortgage is assigned to another person, the assignee shall file the\nassignment for recording with the county cl erk within thirty (30) days of the\nassignment and the county clerk shall attest the assignment and shall note the\nassignment in the blank space, or in a marginal entry record, beside a listing of the\nbook and page of the document being assigned. Provided, however, that an assignee\nthat reassigns the note prior to the thirtieth day after first acquiring the assignment\nmay request that the subsequent assignee file the unfiled assignment with the new\nreassignment.\n(4) Delivering an assignment to the assignee or a lien release to the mortgagor shall not\nsubstitute for filing the assignment or release with the county clerk, as required by\nthis section.\n(5) Notwithstanding the provisions of this section, nothing in this chapter shall require\nthe legal holder of any note secured by lien in any deed or mortgage to file a release\nof any mortgage when the mortgage securing such paid note also secures a note or\nother obligation which remains unpaid.\n(6) Failure of an assignee to record a mortgage assignment shall not af fect the validity\nor perfection, or invalidity or lack of perfection, of a mortgage lien under applicable\nlaw.","path":["KRS Chapter 382"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49533","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:12Z","sha256":"02d136b4ec348430a5a30e3e0b7ad5fb83c70a87b7dc7299f8447ecba94500fe","source_id":"us-ky","stale":false,"prev":"us-ky/krs-382.350","next":"us-ky/krs-382.365"},"notice":"GroundRules: Original legal text. Not legal advice."}