Marshall County Affidavit of Abandonment Form

Marshall County Affidavit of Abandonment Form
Fill in the blank Affidavit of Abandonment form formatted to comply with all Kentucky recording and content requirements.

Marshall County Affidavit of Abandonment Guide
Line by line guide explaining every blank on the Affidavit of Abandonment form.

Marshall County Completed Example of the Affidavit of Abandonment Document
Example of a properly completed Kentucky Affidavit of Abandonment document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Kentucky and Marshall County documents included at no extra charge:
Where to Record Your Documents
Marshall County Clerk
Benton, Kentucky 42025
Hours: 8:30 to 4:30 M-F
Phone: (270) 527-4740
Recording Tips for Marshall County:
- White-out or correction fluid may cause rejection
- Recorded documents become public record - avoid including SSNs
- Check margin requirements - usually 1-2 inches at top
- Bring extra funds - fees can vary by document type and page count
- Ask about their eRecording option for future transactions
Cities and Jurisdictions in Marshall County
Properties in any of these areas use Marshall County forms:
- Benton
- Calvert City
- Gilbertsville
- Hardin
Hours, fees, requirements, and more for Marshall County
How do I get my forms?
Forms are available for immediate download after payment. The Marshall County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Marshall County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marshall County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Marshall County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Marshall County?
Recording fees in Marshall County vary. Contact the recorder's office at (270) 527-4740 for current fees.
Questions answered? Let's get started!
How It Helps a Quiet Title Action, Foreclosure Action or Release of Memorandum of Contract when the buyer has abandoned the property.
1. Creates a Public Record
Establishes a recorded timeline of default and abandonment.
Can be used to show that you made efforts to notify the buyer and that they ceased fulfilling obligations.
Helps satisfy the court’s requirement that the seller is acting in good faith.
2. Supports a Claim of Abandonment
Quiet title actions often require showing that no one else has a valid interest in the property.
The affidavit provides sworn, written evidence that the buyer no longer occupies, claims, or maintains the property.
3. Supplements Notice Requirements
Even if the buyer cannot be reached, the recorded affidavit can:
Show that you tried to locate or contact them
Help justify constructive notice (notice through public record) in lieu of personal service
4. Strengthens Foreclosure or Termination Case If proceeding with judicial foreclosure, the affidavit:
Lays out the buyer’s default in advance
Helps establish that default was material and ongoing
May streamline the case, especially if the buyer doesn’t respond
5. “Release of Memorandum of Contract” when property is abandoned.
If you cannot get the buyer to sign, but have evidence of:
Default
Abandonment
No claim or performance under the contract
Reference The recorded affidavit of abandonment (include its book/page)
Send notice of the release to the buyer’s last known address (optional but strongly advised)
You can move to release the memorandum yourself, but this is a legal gray area unless the contract authorizes you to do so unilaterally.
Legal Caution: While this approach is commonly used in practical title clearing, it’s not guaranteed to be bulletproof if the buyer later contests it. If the buyer resurfaces and claims an interest, you may still need to: File a quiet title action, or Get a court order confirming the termination.
An Affidavit of Abandonment strengthens your case to be most effective. While you still may need a court action to formally extinguish the buyer’s interest, a well-written, recorded Affidavit of Abandonment shows due diligence, documents breach and abandonment and may shorten or simplify litigation.
Important: Your property must be located in Marshall County to use these forms. Documents should be recorded at the office below.
This Affidavit of Abandonment meets all recording requirements specific to Marshall County.
Our Promise
The documents you receive here will meet, or exceed, the Marshall County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
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