Mortgages
Affidavit of Mortgage Amendment KRS 382.297
LAW UPDATED JULY 15, 2024 KRS 382.297
A recorded mortgage may be amended by an affidavit of amendment prepared by a Kentucky-licensed attorney to correct clerical errors or omitted information. An amendment may not change any term, dollar amount, interest rate, parties, or collateral in the mortgage. 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. 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 a Kentucky-licensed attorney. (KRS 382.297)
• 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.
