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Lis Pendens Form - Montgomery County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/4/2019
Lis Pendens Guide - Montgomery County
Line by line guide explaining every blank on the form.
Included document last updated 10/28/2019
Completed Example of the Lis Pendens Document - Montgomery County
Example of a properly completed form for reference.
Included document last updated 10/31/2019
*The Following Kentucky and Montgomery County supplemental forms are included as a courtesy with your order.
Consideration Certificate
Transfer tax is collected on the actual consideration stated and paid or to be paid in the deed. If the deed is a gift or indicates nominal consideration only, tax must be paid on the estimated price of the property and this form is required. It confirms any consideration stated in the deed and adds the estimated fair cash value the property would bring in an open market. A brief list of exemptions can be downloaded here. For a more detailed list and further information, download the relevant statutes posted under Transfer Tax Information.
Transfer Tax Information
These excerpts from Kentucky statutes list the exemptions from transfer tax in detail. If the document is exempt from transfer tax, it must be stated on the document.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Homestead Exemption
If you are 65 years old or disabled you may qualify for a homestead exemption on your property taxes.
Including:
A Kentucky Lis Pendens becomes constructive notice when it is filed with the county recorder where the property is located (shall in any manner affect the right, title or interest of any subsequent purchaser, lessee, or encumbrancer of such real property, or interest for value and without notice thereof, except from the time there is filed, in the office of the county clerk of the county in which such real property or the greater part thereof lies, a memorandum stating (KRS 382.440(1)).
A separate Lis Pendens document should be filed in each county where the property is located. (Where the real property so affected consists of tracts lying in different counties, a separate notice shall be filed in each county as to the tract lying in that count KRS 382.440(3))
Contents of a Lis Pendens:
1. The Lis Pendens (style of action) contains the case number and court of pending case (The number of the action, if it is numbered, and the style of such action or proceeding and the court in which it is commenced, or is pending (KRS 382.440(1)(a))
2. Names of parties initiating the Lis Pendens (plaintiffs) (KRS 382.440 & 382.335)
3. Names of parties that claim is filed against (defendants) (KRS 382.440)
4. The names of parties who will be affected (The name of the person whose right, title, interest in, or claim to, real property is involved or affected; and (KRS 382.440(1)(b))
5. Legal Description of said property (KRS 382.440(1)(c)
Who may file a Lis Pendens? (Any party of interest) may file a Lis Pendens. KRS 382.440 (2)
The document must contain a preparation statement. (the instrument has endorsed on it, a printed, typewritten, or stamped statement showing the name and address of the individual who prepared the instrument, and the statement is signed by the individual (KRS 382.335(1)).
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