{"data":{"id":"us-ky/krs-382.520","jurisdiction":"us-ky","citation":"KRS 382.520","heading":"Renewal, extension, interest rate modification, or additional loan under","body":"mortgage on real estate -- Superiority of lien -- Release of lien, when.\n(1) In all cases where a loan is secured by a real estate mortgage, the mortgage\noriginally executed and delivered by the borrower to the lender shall secure payment\nof all renewals, extensions, or interest rate modifications of the loan and the note\nevidencing it, whether so provided in the mortgage or not.\n(2) The mortgage referred to in subsection (1) of this  section may secure any additional\nindebtedness, whether direct, indirect, existing, future, contingent, or otherwise, to\nthe extent expressly authorized by the mortgage, if the mortgage by its terms\nstipulates the maximum additional indebtedness which may  be secured thereby.\nExcept as provided in subsection (3) of this section, the mortgage lien authorized by\nthis subsection shall be superior to any liens or encumbrances of any kind created\nafter recordation of such mortgage, even to the extent of sums adv anced by a lender\nwith actual or constructive notice of a subsequently created lien, provided, however,\nany mortgagee upon receipt of a written request of a mortgagor must release of\nrecord the lien to secure additional indebtedness as exceeds the balance of such\nadditional indebtedness at the time of the request.\n(3) (a) The written request referred to in subsection (2) of this section shall be signed\nby the mortgagor or his agent or attorney, and shall set forth a description of\nthe real property to which  the request relates, the date, parties to, the volume\nand initial page of the record of the mortgage referred to in subsection (1) of\nthis section, and a description of the nature, amount, and holder of the lien or\nencumbrance which the mortgagor intends to place upon such real property.\nThe request shall be deemed to have been received by the holder of the\nmortgage referred to in subsection (1) of this section only when delivered to\nthe holder by certified mail, return receipt requested, at the address of  the\nholder appearing of record on the mortgage or an assignment thereof;\n(b) If within ten (10) business days after receipt of the written request referred to\nin this subsection, the holder of the mortgage referred to in subsection (1) of\nthis section fai ls to release that amount of the lien to secure additional\nindebtedness to the extent described in the request, the mortgagor may record\nin the office of the county clerk in which the mortgage referred to in\nsubsection (1) of this section is recorded a cop y of the written request upon\npayment of the same filing fee as provided for a release of a mortgage;\n(c) If, after a copy of the written request is recorded, an advance is made by the\nholder of the mortgage referred to in subsection (1) of this section, t hen the\nlien of the mortgage for the unpaid balance of the advance so made shall be\nsubordinate to the lien or encumbrance described in the request.","path":["KRS Chapter 382"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44415","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:13Z","sha256":"4977ed31f55f7e8a36802ca4f6e94bd0f722fc6ac8c5be1af14b1c7b76941626","source_id":"us-ky","stale":false,"prev":"us-ky/krs-382.510","next":"us-ky/krs-382.600"},"notice":"GroundRules: Original legal text. Not legal advice."}