Deeds

All document filings at the County Clerk’s office that pertain to Real Estate must include a Property Identification Number (PIDN) and a Group number for the relevant properties.

Assignment of Rents And/Or Leases
The document must have the following information:

Name of the Borrower, Lessor, Assignor
Name and address of the Lender, Assignee
Source of title
Legal description (Common Law & OAG 81-100)
Maturity date
A Preparation Statement
The clerk shall request a return mail address.

The borrower must sign the document, and the signature must be acknowledged (notarized)

Filing Fees

Condominium Deed
The document must have the following:

First party and their mailing address
Second party and mailing address
Description (unit number, condo name, etc)
State that the property is “a condominium unit”
Source of title must include the Book & Page reference to the master deed & the cabinet and slide to the floor plan
Preparation Statement
Consideration certificate
The clerk shall request a return mail address.

The grantors must sign the deed and the signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement & the signatures must be notarized. The document must be filed in the county clerk’s office of the county where the property is located (or the greater part).

Filing Fees

Condominium – Master Deed
The master deed establishes a Horizontal Property Regime per KRS381.815 & 381.810. Definitions regarding the horizontal property are found in KRS381.810 & recording requirements are listed in KRS381.835.

The document must have:

The name of the property owner
The name of the condominium
Description of the land
General description and the number of each unit
Description of the general common elements of the building
Preparation Statement
A set of the floor plans must be filed simultaneously with the master deed. These are recorded in the condominium plat records, or the regular plat records, if a separate set of plat records is not maintained.
The property owner must sign the document, and the signature must be acknowledged (notarized).

The clerk shall request a return mail address.

Filing Fees

Legal process tax & Real Estate tax does not apply to this document.

Consideration Certificate
Provides that a statement of consideration be on virtually all deeds. The Statement shall be sworn and notarized by both parties as to the true consideration in the deed.

A statement of the full consideration is required on all deeds except for the following:

Deeds which only convey utility easements;
Deeds which transfer property through a court action pursuant to divorce proceedings;
Deeds that convey right-of-ways that involve governmental agencies;
Deeds which convey cemetery lots; and
Deeds which correct errors in previous deeds, conveying the same property, from the same grantor to the same grantee.
Contract for Deed (Land Purchase Contract)
Document must have:

Name of seller
Name of the buyer and their mailing address
Legal description of the property (Common Law & OAG 81-100)
Source of title
Preparation Statement
The clerk shall request a return mail address.

Document must be: Signed and acknowledged (notarized) by both parties.

The title remains with the seller until the completion of the contract, at which time the seller must tender a deed to the buyer.

Transfer tax is then collected on the deed. It is not collected on the contract. Legal process tax is collected because the land contract is analogous to a mortgage and a conveyance has occurred.

Filing Fees

Deed
Recording of deeds, KRS382.110

The document must have:

First party (seller, grantor) and their mailing address
Second Party (buyer, grantee) and their mailing address
Consideration statement
Legal Description
Source of title
Preparation Statement
Return mail address
The grantor (seller) must sign the deed and the signatures must be acknowledged (notarized). The grantor (seller) & grantee (buyer) must sign the consideration statement and the signatures must be notarized. (KRS 382.135 & KRS382.120) The document must be flied in the county where the property is located (or greater part). KRS382.110

Transfer tax is collected on the consideration in the deed per KRS142.050. The tax is computed at the rate of $0.50 per $500 value or fraction thereof. (Example: A deed lists a purchase price of $10,000.00. The deed tax due would be $10.00 plus the filing fee.) The transfer tax applies to the value listed in the deed and is imposed upon the grantor (seller). KRS142.050 (7) lists the types of deeds that are exempt from this tax.

Filing Fees

Deed transfer tax $0.50 per $500 value.
A certified copy of Deed is $5.00.

Deeds Executed in a Foreign Country
Deeds not executed within the United States or any of its dependencies, may be, admitted to record when certified, under his/her seal of office, by any foreign minister, officer in the consular service of the United States, secretary of legation of the United States, or by the secretary of foreign affairs or a notary public of the nation in which the acknowledgement is made, or by the judge or clerk of a superior court of the nation where the deed is executed, to have been acknowledged or proven before him/her in the manner prescribed by law

Deed of Correction
A deed of correction may be prepared to clear up a defect in title or to correct a mistake.

An example may be the number of acres or a source of title. A deed of correction does not convey interest in land. It is important to note that the original grantor (seller) and grantee (buyer) must be the same in the deed of correction. One cannot add, remove or change a grantor and grantee in a deed of correction. If the deed includes any other parties it is not a deed of correction.

The document must have:

First Party (seller, grantor) and their mailing address (KRS 382.135, KRS382.200)
Second Party (buyer, grantee) and their mailing address
Consideration Statement
Legal Description
Source of title
Preparation Statement
Return mail address
The reason for the correction must be apparent
The document must state that it is a deed of correction and must refer to the deed it is correcting
The grantor must sign the deed and the signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement and the signatures must be notarized. The document must be filed in the county clerk’s office where the property is located.

Transfer tax would apply only if the consideration amount has been changed.

Filing Fees

Deed of Covenants & Restrictions
Also known as:

Deed of Restrictions and Covenant
Deed of Covenants and Restrictions
Deed of Restrictive Covenants
The document must have the following information:

Document is filed in the deed book or the condominium deed book, if it applies to a condominium and a separate deed book is maintained.

The document must have:

A description of the property the restrictions are being placed upon
Preparation Statement
The Clerk shall request a return mail address.

The document must be: signed by the person or entity imposing the restrictions on the property and the signature notarized.

Filing Fees

Deed of Easements
The document must have:

Name of the grantor
Name of the grantee and their mailing address
Consideration statement signed by both parties and notarized*
Legal description (Common Law and OAG 81-100)
Address of each parcel
Source of title
Preparation Statement
Return mail address
* = Documents which convey only utility easements do not require a consideration statement.

Documents must be: signed and notarized in the same manner as a deed. The grantor must sign the easement and the signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement and the signatures must be notarized.

To be recorded in the deed book and indexed in the general index to deeds. Indexed under both parties and each parcel affected. The first party is the seller (grantor). The second party is the buyer (grantee).

Filing Fees

Deed of Release
Also known as:

Deed of Release
Satisfaction of Mortgage
Discharge of Mortgage
The document must have the following information:

Name of the person or entity releasing the obligation
Name of the individual or entity being released
The mortgage book and page reference being released, or the deed book and page in the case of a vendors lien
Partial releases require a description of the property being released
Release must state whole or partial release
Preparation Statement
The clerk shall request a return mail address.

Document must be signed by the party or parties executing the release and the signature(s) notarized.

Filing Fees

Deed of Trust or Assignment
Also known as Bankruptcy Deed

The document must have:

First Party (debtor seller, grantor) and their mailing address
Second Party (Trustee) and their mailing address
Consideration Statement/Fair Market Value would be applicable if real property is involved
Legal description (Common Law) and OAG 81-100
Source of title if applicable
Preparation Statement
Return mail address
The grantor must sign the deed and signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement and the signatures must be notarized. The document must be filed in the county clerk’s office of the county where the property is located (or the greater part).

Filing Fees

Deed Quit Claim
A Quit claim deed is defined as follows:

A deed of conveyance operating by way of release; that is, intended to pass any title, interest or claim which the grantor may have in the premises, but not professing that such title is valid, no containing any warranty or covenants for title.

The purpose is for an individual to convey away any real or perceived interest in a piece of real estate and can encompass on property or all property in the county.

You do not receive the legal assurance of the general warranty of title when a quit claim deed is used.

Lease
The document must have the following information:

Name of the lessor
Name of the lessee and their mailing address
Legal description (Common Law and OAG 81-100
A Preparation Statement
The clerk shall request a return mail address.

Both parties must sign the document and the signatures must be acknowledged (notarized).

Filing Fees

Legal Process Tax
This tax must be collected prior to the recording of the following land record documents as part of the Filing Fees

A tax of three dollars ($3.00) on each power of attorney to convey real or personal property;
A tax of three dollars ($3.00) on each mortgage, financing statement, or security agreement;
A tax of three dollars ($3.00) on each conveyance of real property;
A tax of three dollars ($3.00) on each lien or conveyance of coal, oil, gas, or other mineral right or privilege
Relating to real property, this tax is to be collected when a conveyance occurs. Included are the following: deeds, mortgages, contract for deed, land contracts, mineral lease, real estate lease, assignment of rents, easement, power of attorney, property bond, original fixture filing.

Power Of Attorney
Filing requirements for a power of attorney to convey or release property are the same as required for recording a deed.

Document must have the following information:

Name of the person granting the power (grantor)
Name of the person receiving the power (grantee)
The clerk shall request a return mail address.

Document must be: Signed and acknowledged (notarized) by grantor

There are two types of powers. A general power of attorney that grants full power and a specific that allows only specific acts.

Filing Fees

NOTE-This document must be filed at the same time as recording a deed or mortgage signed by the power of attorney or the document must be on file in the county which the land record is being recorded.

Power of Attorney Revocation
The document has the same requirements as a Power of Attorney.

Document must have the following information:

Name of the person revoking the power attorney
Name of the person being removed from the power attorney
Document must be: Signed and acknowledged (notarized) by the person revoking the power of attorney.

Filing Fees

Real Estate Transfer Tax
Transfer tax is collected on the actual consideration paid or to be paid in the deed, unless it is a gift

If the deed is a gift or indicates nominal consideration, the tax is paid on the estimated price the property would bring in an open market

The transfer tax is imposed upon the grantor.

The tax is computed at the rate of $0.50 for each $500.00 of value or fraction thereof. A deed cannot be recorded unless the real estate tax has been collected. The tax required to be levied by this section shall be collected only once on each transaction and in the county in which the property is conveyed, or the greater of the property is located.