Mortgages
Mortgage
The document requires:
• First party (mortgagor, grantor, trustor) (KRS 382.200)
• Second party (mortgagee, grantee, trustee) and their mailing address (KRS 382.335 & KRS 382.430, 382.200)
• Amount of the mortgage (KRS 382.380, KRS 286.5-441)
• Maturity date-(except for revolving credit accounts which do not require a maturity date) relating to obligations, if the document states “due on demand” this requirement is satisfied. (KRS 382.330, KRS 382.380)
• Legal Description of the property (Loeb v Conley 169 S.W. 575, Common Law & OAG81-100)
• Source of title is required.(KRS 382.290(2))
• Preparation statement (KRS 382.335)
• The clerk shall request a return mail address (KRS 382.240)
• Document must be: signed by the mortgagor(s) and the signature(s) acknowledged (notarized). (KRS 382.130).
The document must be filed in the county clerk’s office of the county where the property is located (or the greater part). KRS 382.110.
A recorded mortgage can ONLY be corrected by preparing a new document (see also AFFIDAVIT OF MORTGAGE AMENDMENT). Do not re-record a previously recorded document.
