Recording Requirements

Paper

The Kentucky County Clerks Association has formally adopted on November 19, 2019, the Property Records Industry Association (PRIA) standards for Real Estate Document Formatting. These format standards are effective January 1, 2020.

  1. 8 ½ x 11 preferred; 8 ½ x 14 accepted
  2. White with no watermarks
  3. No staples or binding
  4. One side only
  5. No Impression Seals
  6. Colored highlight markers not allowed
  7. Margins should be 3” top of first page recommended for Recorder use, especially on right side of page (not recommended on last page) all other margins 1”
  8. Black ink preferred with dark blue signatures
  9. Font should be 10-point Times New Roman or equivalent
  10. Spacing should be 9 lines per inch maximum

Preparation Statement

All documents filed in land records should contain the preparer’s name, address and signature.
Preparation Statement example, with Prepared By at the top followed by lines for Name, Address, Contact number, and Signature

The statute provides that preparer’s signature can be a facsimile on the statement. This means that a stamp or a computerized signature is acceptable on the preparation statement. Documents that have a “Drafted by” statement or “Reviewed by” statement do not meet the requirements of a “Preparation Statement”. The statute requires that the preparation statement must be on the document prior to any attachments or exhibits.

  • All documents filed in land records that are notarized should have the Notary’s Signature and Notary ID #. Notary should not be expired / is not cited, Notary statement should have the names of Grantor/Grantee
  • Correct fee should be remitted.
  • Check should be signed and enclosed with documents.
  • Should have the complete address of Grantor/Grantee on deed, mortgage, other
  • Property should be in Jefferson County Kentucky
  • Should have property description / will need book and page being released/assigned
  • Should have a source of title (deed book and page or will book and page number)
  • Should have the fair market value of the property
  • Should have the signature of Grantor/Grantee affixed
  • Original documents or “certified copy” are required for recording
  • Statute should be mentioned on Deed as to why transfer tax is not due
  • Exhibit should be attached when it states “See exhibit attached”
  • Corporations, LLC and Partnerships must be recorded with the Secretary of State before the County Clerk can record them
  • Case numbers should be listed on Lis Pendens, Judgments or Notice of Execution for recording
  • Additional $12 is needed for extra tracts on Lis Pendens / extra property owners on Maintenance Liens
  • Fixture Filings must state “To be recorded in real estate records” and have description or source of title
  • Document will need Assignee’s address
  • Need tax bill mailing address on Deed
  • If property is tax exempt, the document must state “Property is tax exempt” listing the KRS statutes
  • Book and page is needed for Power of Attorney to sign if stated

Mortgage

A mortgage should be recorded in the county in which the property is located. Ky. Rev. Stat. § 382.110.

A mortgage in Kentucky is valid as against third parties from the date it is acknowledged and recorded. Ky. Rev. Stat. § 382.080. See also Ky. Rev. Stat. § 382.280 and Sirls v. Jordan, 625 S.W.2d 106, 108 (Ky. Ct. App. 1981); Citizens State Bank v. United States, 932 F.2d 490 (6th Cir. 1991).

In order to be accepted for recording, a mortgage in Kentucky should contain the following additional information:

Statement specifying and referencing the immediate source from which the mortgagor derived title to the property or the interest encumbered therein (Ky. Rev. Stat. § 382.290(2)

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