Encumbrances
Penal Code Offenses Lien KRS 532.164
Any convicted person owing fines, court costs, restitution, or reimbursement before or after his release from incarceration shall be subject to a lien upon his interest, present or future, in any real property.
The manner of filing, recording, and releasing the lien shall be consistent with the provisions of KRS Chapter 376.
See section on Mechanics Lien for recording requirements
The real property lien shall be filed in the circuit clerk's office of the county in which the person was convicted and shall also be filed by the Commonwealth in any county in which the convicted person is known to own property or reside.
The lien may be foreclosed upon in the manner prescribed in KRS Chapter 426 and shall remain valid until satisfied. The lien shall constitute a charge against the estate of any decedent owing moneys under this chapter.
The attorney for the Commonwealth and not the crime victim shall prepare and file lien documents for moneys to be restored to the crime victim.
The filing fee shall constitute payment for both filing and release of the lien. The attorney for the Commonwealth shall notify the appropriate county clerk that the lien has been satisfied within ten (10) days of satisfaction.
