Affidavit of Mortgage Amendment KRS 382.297

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. 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 spelling, punctuation or numbering mistakes in typing or printing.

The document requires:
•    Document must be prepared & signed by an attorney
•    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
•    Signed statement by the attorney preparing the affidavit certifying 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
•    Preparation statement (KRS 382.335)
•    The clerk shall request a return mail address (KRS 382.240)

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.  Corrections or omissions such as term, dollar amount or interest rate from the original mortgage must be signed by the mortgagor and the secured party.  It simply provides a method for correcting a mortgage that has been recorded.

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