Mortgages
Master Form Mortgage
Kentucky law provides that a “Master Form for a Mortgage” may be filed in the county clerk’s office of any county. After this document has been recorded other mortgage documents can incorporate a reference to this document. The incorporation of the reference shall have the same effect as if the provisions of the master form had been set forth fully in the mortgage.
The document requires:
• Must be entitled on the face “Master form recorded by ________” (name of the person causing the instrument to be recorded). KRS 382.295
• Contain forms of covenants, conditions, obligations, powers, and other clauses of a mortgage. KRS 382.295
• The name of the person or entity causing it to be recorded KRS 382.295
• The instrument does not need to be acknowledged KRS 382.295
• Preparation statement (KRS 382.335)
• The clerk shall request a return mail address (KRS 382.240)
Incorporation into other Mortgages:
After the Master Form Mortgage is recorded, any of the provisions of such master form instrument may be incorporated by reference in any mortgage of real estate if:
- the reference in the Mortgage states that the master form instrument was recorded in the county in which the mortgage is offered for record
- the Mortgage states the date when the master form instrument was recorded
- The Mortgage states the book and page where the master form instrument was recorded.
Then:
- The recording of any mortgage, which has the reference of the Master Form Mortgage incorporated into the document, will have like provisions of the Master Form Mortgage.
