The County Clerk is responsible for recording deeds for the county. All deeds, mortgages, and other instruments required by law to be recorded to be effectual against purchasers without notice, or creditors, should be recorded in the county clerk’s office of the county in which the property conveyed, or greater part of it, is located.
A. Kentucky Recording Statute:
A deed will not be valid against a purchaser for a valuable consideration, without notice thereof, or against creditors, until it is acknowledged or proved according to law. However, if a deed has not been acknowledged or proved, but has otherwise been recorded, the deed will serve as constructive notice for all interested parties. “Creditors” includes all creditors irrespective of whether or not they have acquired a lien by legal or equitable proceedings or by voluntary conveyance.
B. Recording Standards and Format:
• Submit deeds on white 8.5 x 11 inch paper that is of a sufficient weight and quality to produce a readable public record. Black ink and a minimum font size of 8 point are needed.
• On the first page, provide a top margin of at least 2 inches. All other margins on this page and on subsequent pages can be at least 1 inch.
• Corresponding names should be written or typed beneath signatures. Documents must contain original signatures. The grantor must sign and acknowledge the document.
• Provide the mailing address of the grantor and grantee.
• Provide a statement indicating the in-care of address to which the property tax bill for the year in which the property is transferred may be sent.
• The document must contain a printed, typewritten, or stamped statement showing the name and address of the individual who prepared the document. The preparer of the document should sign the statement.
• Instruments must comply with the official indexing system used by the county.
• A legal description of the real property is an essential element of a real property document.
• Provide a statement of the source of title. A county clerk will not record a deed unless the instrument plainly specifies and refers to the next immediate source from which the grantor derived title to property or interest conveyed therein. If the source of title is a deed or other recorded writing, the deed offered for record should refer to the former deed or writing, and give the office, book and page where it is recorded and the date on which it was recorded. If the property was obtained by inheritance or in any other way than by recorded instrument, the deed presented for recording should state clearly and accurately how and from the grantor obtained the title.
• If a county clerk requires a parcel identification number for the property to be present on the document, they shall provide a computer terminal in their office to facilitate this purpose.
• A deed of correction must plainly state that it is a deed of correction and should refer to the deed of record which it is correcting.
• The county clerk will not record a deed, deed of trust, or mortgage covering real property by which the payment of any indebtedness is secured unless the document states the date and maturity of the obligations secured by the document which have already been issued or which are to be issued. In the case of obligations that are due on demand, this requirement can be met by stating “due on demand.”
• In the case of an exchange of properties, the fair cash value of the property being exchanged should be stated in the body of the deed.