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Liens

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.

Agister Lien - AKA (Also Know As) Materialman's Lien.

The following lists of liens are recorded as mechanics liens:

  • Attorney’s Liens
  • Agister’s liens (liens on horses, cattle, livery stable)
  • Veterinary Liens
  • Liens on Motor Vehicle Repairs & Storage
  • Motor Vehicle for Storage & Towing
  • Lien for work & supplies on equipment, machinery & motors

These are filed when payment for building repair, storage, or services has not been made. These are filed per KRS376.010, KRS376.080.

The document must have the following:

  • The name & address of the claimant (person asserting the lien)
  • The name & address of the contractor, subcontractor, or authorized agent and the property owner (the person(s) the lien is asserted against)
  • The lien is filed against the owner of the property and their name must be listed
  • Description of the property has to be specific enough to identify the property
  • The lien must state the amount due and whether the services were performed by a contract with the owner or with a contractor or subcontractor
    Preparation Statement
  • The person claiming the lien or someone on his behalf must sign the lien. Their signature must be notarized and the notary format must be subscribed and sworn to in order for the lien to be valid.

The clerk shall request a return mail address.

Architect Lien

Any professional engineer, licensed architect, licensed landscape architect, professional land surveyor, or real estate broker who performs professional services or services as defined in KRS322.010(4) for professional engineers, KRS323.010(3) for architects, KRS323A.101(3) for landscape architects, and KRS322.101(10) for professional land surveyors shall have a lien on the building, structure, land, or project on which the services were performed, to secure the amount of the charges for services with interest as provided in KRS360.040 and costs.
Recording Requirements
  • Must be filed in the office of the county clerk of the county in which the property is situated
  • Contain a statement of the amount due to the claimant, with all just credits and setoffs know to him/her
  • Have a description of the property intended to be covered by the lien sufficiently accurate to identify it (either the legal description or an address)
  • Have the name of the owner, if known
  • Tell whether the services were furnished by contract with the owner or with a contractor or architect
  • This statement shall be subscribed and sworn by the person claiming the lien or by someone on his/her behalf
Any lien listed above that involves public improvements will be governed by KRS376.210.

Assessments & Enforcement Liens - City

The statutes address various city assessments that may constitute a lien if filed and recorded. These liens include improvement assessments, sewer & sanitation assessments, general assistance receipts, and code enforcement, public improvements & ordinance-related liens. Many of the statutes are based on the class of the city.

The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Child Support Liens - In State

A lien filed in favor of the Cabinet for Families and Children against all real & personal property of the obligor. This lien is to be filed as Lis Pendens and only in the real estate records of the county clerk’s office.

The document is filed in the county where the obligor lives.

The document must have:

  • The entity asserting the lien
  • The person or persons upon whom an interest in the property the lien is being filed against (obligor)
  • The document must state the action number and the court in which the action is pending
  • A Preparation Statement
  • The clerk shall request a return mail address.

The document must be: signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Child Support Liens - Out of State

A lien to enforce a child support obligation, which is created in another state, shall be enforceable against all real & personal property of the obligor located in this state. This lien is to be filed as a Lis Pendens and only in the real estate records of the county clerk’s office in the county or counties where the property of the obligor exists.

  • The person or entity asserting the lien(the person or entity much have the authority to file the lien)
  • The authority’s signature must be certified (acknowledged or notarized)
  • The person or persons upon whom an interest in the property the lien is being filed against (obligor)
  • The document must state the action number and the court in which the action is pending
  • A Preparation Statement
  • The clerk shall request a return mail address.

The document must be: signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Continuations (Information on Liens)

The notation of a lien on the certificate of title is effective for ten (10) years from the date the security interest is noted on the certificate of title (seven (7) years in the case of a lien filed prior to July 2016). In the case of a manufactured home, the lien is effective for thirty (30) years from the date noted on the title. The filing of a continuation statement within six (6) months preceding the expiration of the initial period of notations effectiveness extends the expiration date for five (5) additional years for all titled property (including mobile or manufactured homes).

The original file date is the date used to determine the expiration date. Therefore the expiration date is ten (10) years from the original file date. The six (6) month period preceding the expiration date that the continuation statement can be filed is also based upon the original file date. The continuation statement must be in the county clerk’s office by the expiration date. There is no provision for envelopes that are postmarked on the expiration date, but received a few days later. If you do not have the continuation statement by the expiration date the filing has expired. Do NOT process a continuation statement after the expiration date. A filed financing statement lapses on the expiration date unless a continuation statement is filed.

The county that filed the original lien will process the continuation statement in its index and attach the continuation statement to the original title lien statement. There will not be any input into the AVIS system. It is important to remember that ONLY the county that originally filed a lien can continue or release a lien. The county that files the original lien and the continuation must ensure the continuation statement is properly linked to the original filing. Proper filing of the continuation statement is imperative to keep intact the perfection of the lien.

NO FEE is collected on a continuation statement for any titled property. The fact that a lien on the titled property now has an expiration date is to the benefit of each clerk. Continuations on the titled property will be the exception rather than the rule. The recording requirements for a continuation statement are as follows:

  • Received by the county that filed the ORIGINAL TLS
  • Name and address of debtor
  • Name and address of the secured party
  • Date of original notation on title
  • Original File number
  • States it is a continuation – this must be submitted by the lienholder of record
  • Corporation Lien for Taxes
    The corporation shall have a lien for all taxes upon the land assessed & upon all personal property of the owners found upon the premises not exempt from execution, attachment, or distraint.

Unless suit is commenced or proceedings had within ten (10) years from July 1 of any particular year, the lien for that year’s taxes shall be lost.

After the action of the Circuit Court of the county upon the assessment & apportionment, the circuit clerk shall certify a copy of it to the County Clerk.

Index the lien in the real estate index as follows:

The first party is the owner of the property
The second party is the holder of the lien (corporation)

Drug Lien - AKA (Also Know As) Revenue Cabinet Lien-Seizing Taxable Property

Within 72 hours after seizure of marijuana or a controlled substance, law enforcement will notify the Revenue Cabinet in writing of each seizure if the tax imposed by KRS138.872 has not been paid as evidence by the absence of the tax stamps, labels, or other official tax indicia required to be affixed to the marijuana or controlled substance.

Recording Requirements:

  • The notice required in this subsection shall be submitted in the manner prescribed by the Revenue Cabinet and shall include:
    • The name, address, and Social Security number of the person from whom the seizure was made;
    • The type and quantity of the items seized;
    • Any information developed during the course of the investigation regarding any real or personal properties owned by the person from whom the seizure was made;
  • Other information the Revenue Cabinet may require to facilitate the assessment and collection of the tax due pursuant to KRS138.872
  • The lien will be in favor of the Commonwealth Revenue Cabinet.

Farm Corp for Service Lien

Any custom operator who performs a service on a farm, including but not limited to filling of silos, hay bailing, and crop spraying, by contract with, or by the written consent of the owner or manager of the farm, shall have a lien upon the farm crop involved to secure the cost of the service furnished.

Recording requirements for the lien and the lien release and associated fees are the same as the Mechanics Liens and Mechanics Liens Release – See this section for detailed information.

Federal Tax Lien

AKA (Also Know As)IRS liens, AKA (Also Know As) U S liens

The IRS prepares these documents. The liens are filed against the taxpayer per KRS382.480.

Documents must be: signed by the appropriate IRS agent. They do not require notarization.

Forfeited Property Lien

The Commonwealth may file on the official records of any one (1) or more counties a forfeiture line notice of the lien created by statutes in Chapter 218A.

Recording Requirements:

The forfeiture lien notice shall be signed by an attorney authorized to institute a forfeiture action on behalf of the Commonwealth. The notice shall set forth the following information:

  • Name of the entity asserting the lien (The Commonwealth);
  • The name of the owner of record of the property subject to the lien if known;
  • The name of the defendant;
    A description of the property which is subject to the lien;
  • The date & place of seizure or location of any property not seized but subject to forfeiture;
  • The violation of law alleged with respect to the forfeiture of the property;
  • A reference to any judicial proceeding pending against the property with reference to forfeiture;
  • The name of the county or counties where the proceeding has been brought;
  • The name and address of the attorney filing the forfeiture line notice.

Gas Oil Mineral Leasehold Lien

Any person who performs labor or furnishes materials, supplies, fixtures, machinery, or other things of value to a lessee holding or owning a leasehold, or any right conferred by a lease, relating to oil, gas or other minerals, in the development or improvement of the leasehold, by contract with or by the written consent of the owner or the agent or representative of the owner of the leasehold, shall have a lien on the leasehold or the entire interest of the lessee including oil or gas wells, machinery, and equipment, to secure payment for the labor or things furnished. If the labor or things are furnished at written consent of any contractor or subcontractor or the agent of either, the lien herein given shall be for the benefit of whoever may furnish any of the labor or things mentioned. The lien herein provided for shall be effective against the leasehold, or the entire interest of the lessee therein, including all improvements thereon belonging to the lessee.

Recording Requirements for the lien and the lien release and associated fees are the same as Mechanics Liens – See this section(s) for detailed information.

Illegal (Phony) Liens

This statute does not give the County Clerk’s office any right to refuse the lien as long as the lien has the correct filing information.

In other words, if the document meets the recording requirements, the clerk’s office is obligated to record the document.

A person is guilty of filing an illegal lien when he/she files a document or lien that he/she knows or should have known was forged, groundless, contained a material misstatement, or was a false claim. It shall be an affirmative defense that any material misstatement was not intentional.

Filing an illegal lien is a Class D felony for the first offense, a Class C felony for any second offense, and a Class B felony for any subsequent offense.

Judgment Liens AKA (Also Know As) Notice of Execution.

The document must have the following:

  • Name of the person or entity bringing the action
  • Name of the person or entity the Judgment is against
  • Amount of Judgment, including principal, interest rate, court cost, and attorney fees
  • Court of record entering the judgment
  • Civil action number of the case
    The judgment must include the language of KRS427.060 & KRS426.720, section 3
  • Preparation Statement (If the document is prepared by a court it may not have a Preparation Statement.)
  • The clerk shall request a return mail address.

The document must be signed by the judgment creditor or his/her attorney. The signature does not need to be notarized.

Lis Pendens

Lis pendens means pending suit. The notice of lis pendens is filed on the public record for the purpose of warning all persons that the title to certain property is in litigation& that they are in danger of being bound by adverse Judgment.

The document must have the following information:

  • The name of the person(s) or entity that has an interest in the land the lien is being filed against
  • The name of the person or entity bringing the action
  • A legal description of the land involved
  • The document must state the action number & the court in which the action is pending
  • A Preparation Statement (if court prepared may not have a Preparation Statement)
  • The clerk shall request a return mail address.

The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Lis Pendens Concerning Bankruptcy

Any county clerk shall receive for record and record any certified or attested copy of any matter in reference to bankruptcy which any Act of Congress of the United States may provide for as being necessary to be filed in the county wherein lands of a bankrupt are situated in order to be notified of said bankruptcy.

The document must have the following information:

  • The name of the person involved in a bankruptcy proceeding
  • The trustee in bankruptcy or receiver
  • A legal description of the land involved IF there is land involved
  • The document must state the bankruptcy case number in which the action is pending
  • A Preparation Statement (if court prepared may not have a Preparation Statement)
  • The clerk shall request a return mail address.

The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Medicaid Program Lien

This lien filed by the Commonwealth against all property of any provider or recipient who is found to have defrauded the Medicaid program. The notice of the lien is to be recorded like a lis pendens. The statute allows for partial releases as well as full releases of this lien. The Commonwealth would be the legal entity to record the lien or to release the lien. The recording and release fees associated with this document would be the same as a state tax lien.

The document must have the following information:

  • The person or entity (Commonwealth of Kentucky) asserting the lien
  • The person, persons, or entity upon who the lien is being filed against
  • A legal description of the land involved if available
  • A Preparation Statement (Most liens prepared by the Commonwealth of Kentucky do not have a Preparation Statement)
  • The clerk shall request a return mail address.

The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Penal Code Offenses Lien

Any convicted person owing fines, court cost, restitution, or reimbursement before or after his/her release from incarceration shall be subject to a lien upon his interest, present or future, in any real property.

The real property lien shall be filed in the circuit clerk’s office of the county in which the person was convicted and shall also be filed by the Commonwealth in any county in which the convicted person is known to own property or reside.

The lien must be foreclosed upon in the manner prescribed in KRSChapter 426 and shall remain valid until satisfied. The lien shall constitute a charge against the estate of any decedent owing money under this chapter.

The attorney for the Commonwealth, and not the crime victim shall prepare & file lien documents for money to be restored to the crime victim.

The manner of fling, recording, and releasing the lien shall be consistent with the provisions of KRSChapter 376.

Filing Fees The attorney for the Commonwealth shall pay to the county clerk five dollars which shall be assessed as court cost for the filing of any lien upon real estate.

State Lottery Corporation Lien

Whenever any person who receives proceeds from the sale of lottery tickets in the capacity of a lottery retailer becomes insolvent or dies insolvent, the proceeds due to the corporation from such person or his/her estate shall have preference over all debts or demands.

The lien shall be of equal rank with the tax liens of the state, or any city, county, or other taxing authority within the state.

The lien must be recorded by the Lottery corporation with the county clerk of any county or counties in which the retailer’s business or residence is located, or in any county in which the retailer has an interest in the property.

The lien will be against the retailer. The recording of the lien shall constitute notice of both original obligations to the corporation and all subsequent obligations to the corporation of the same retailer.

The lien will be prepared as a state tax lien.

State Tax Lien

Types of state tax liens are:

  • State Tax lien(Revenue Cabinet)
  • Recoupment lien (Workforce
  • Development Cabinet)
  • Unemployment Insurance
  • Workers Compensation
  • Inheritance Tax lien
  • Notice of Seizure and Tax lien
  • This document requires:
    • First party – the person or entity asserting the lien
    • Second-party – the person, persons, or entity upon who the lien is being filed against
    • The document must state the action number and the court in which the action is pending
    • A Preparation Statement

The clerk shall request a return mail address.

Unemployment Lien

An Unemployment Lien on parity with state, county, and municipal ad valorem tax liens. It is superior to the lien of any mortgage or other encumbrance heretofore or hereafter created is hereby created in favor of the cabinet upon all property of any subject employer from whom contributions, interest, or penalties are or may hereafter become due. The lien shall attach to all interest in the property, either real or personal, then owned or subsequently by the person against whom the assessment is made.

The cabinet may file a notice of the lien with the county clerk office of any county or counties in which the subject employer’s business or residence is located, or in any county in which the subject employer has an interest in the property and such notice shall be recorded in the same manner as notices of lis pendens are and the file shall be designated

Wage & Hour Lien

A lien may be placed on all property, both real & personal, of an employer who has been assessed civil penalties by the commissioner for violations of the statutes on wage & hours. The lien shall be attached to all property & rights to property owned or subsequently by the employer.

Documents Required:

  • The commissioner of the Labor
  • Department(or his/her designee) shall record the lien
  • The lien shall show the date on which the notice of violation was issued
  • The date of violation
  • The name & last known address of the employer against whom the assessment was made
  • The number of unpaid wages, penalties, & interest
  • The lien shall be superior to the lien of any mortgage or encumbrance thereafter created & shall continue for ten (10) years from the time of the recording unless sooner released or otherwise discharged.

Lien to be filed in the following offices:

  • The lien shall be filed in any of the following offices in which the employer owns property or rights to property
  • The office of the county clerk of the county in which the defendant employer resides
  • The office of the county clerk of the county in which the defendant employer has its principal place of business
  • The office of the county clerk of the county in which the defendant employer has property or an interest in the property

None. All filing fees have been waived by statute KRS337.075(2).

Workers Compensation Lien

The Labor & Human Rights Commissioners shall record a certificate prepared & furnished him/her by the general counsel.

It will include:
  • The date on which such claim was filed
  • The date of the injury alleged
  • The name & last known address of the employer against whom it was filed
  • The fact that the employer has not secured the payment of compensation as required
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