Affidavit of Mortgage Amendment
A recorded mortgage may be amended by an affidavit of amendment prepared by an attorney to correct clerical errors or omitted information. An amendment may not change any term, dollar amount, or interest rate in the mortgage, unless signed by the mortgagor and secured party. The attorney preparing the affidavit shall certify in the affidavit that notice of filing the amendment has been given to the mortgagor by mailing a copy of the amendment to the mortgagor at the address shown on the original mortgage. A subsequent release of the mortgage releases any amendments to the original mortgage.
Effective July 15, 2016, per KRS 382.297 "An amendment shall not alter the parties or the collateral of a recorded mortgage, but may be used to correct a manifest clerical or typographical error such as apelling, punctuation or numbering mistakes in typing or printing."
The document requires:
- First party (mortgagor, borrower) (KRS 382.200)
- Second party (mortgagee, lender) and their mailing address (KRS 382.335 & KRS 382.430, 382.200)
- Book and Page of the recorded mortgage
- Statement by the attorney preparing the affidavit that certifies in the affidavit that notice of filing the amendment has been given to the mortgagor by mailing a copy of the amendment to the mortgagor at the address shown on the original mortgage - this statement must be signed
- Preparation Statement (KRS 382.335)
The clerk shall request a return mail address (KRS 382.240)
The Document must be signed by the attorney that prepared it and the signature must be notarized.
If the amended change affects any term, dollar amount, or interest rate in the mortgage the document must be signed by the mortgagor(s) and mortgagee(s) and the signature(s) acknowledged (notarized).
This document provides a method for recording corrections of clerical errors or omissions of information associated with a recorded original mortgage. It does not provide for changes due to subsequent circumstances. Changes, such as increasing the amount, altering terms, changing the property being encumbered, etc must be addressed by preparing a new mortgage. This affidavit does not open the door in authorizing county clerk's to accept any affidavit associated with a mortgage. It simply provides a method for correcting a mortgage that has been recorded.
If a recording requirement is involved in the omission obviously the preparer will need to prepare a new mortgage. An example is an addition of a name would require a new mortgage.