Request for Mortgage Release to Secure Additional Indebtedness
KRS 382.520 provides statutory direction for renewal, extension or additional loan under a mortgage on real estate. It also defines the superiority of liens and makes a provision to request a mortgage release to secure additional indebtedness
This document is not a deed of release but a notice to the Senior Mortgage holder of a request to secure additional debt by the mortgagor.
The provisions are as follows:
- The request must be written.
- The request must refer to KRS 382.520(2) & (3).
- The request shall be signed by the mortgagor or his agent or attorney.
- It must set forth a description of the real property to which the request relates.
- It must include the date, parties to, the volume and initial page of the record of the original mortgage.
- It must have a description of the nature, amount, and holder of the lien or encumbrance that the mortgagor intends to place upon such real property.
- The request must be sent by certified mail with a return receipt to the holder of the mortgage, at the address of record.
- Preparation Statement (KRS 382.335)
If within ten (10) business days after receipt of the written request, holder of the mortgage fails to release that amount of the lien to secure additional indebtedness to the extent described in the request, the mortgagor may record in the office of the county clerk in which the mortgage is recorded a copy of the written request upon payment of the same filing fee as provided for a release of a mortgage;
If, after a copy of the written request is recorded, an advance is made by the holder of the mortgage, then the lien of the mortgage for the unpaid balance of the advance so made shall be subordinate to the lien or encumbrance described in the request.
The clerk shall request a return mail address (KRS 382.240)