Filing Fees & Document Particulars (L - Z)

Service

Description

Fees

LAND CONTRACT OR CONTRACT FOR DEED

The document must have first party and their mailing address (KRS 382.335), second party and their mailing address (KRS 382.335), legal description (Common Law & OAG 81-100, source of title (KRS 382.110), a preparation statement (KRS 382.335), and a return mail address (KRS 382.335 & KRS 382.240). The document must be signed and notarized by both parties. Transfer tax is not collected until the contract has been satisfied and the deed is tendered to the buyer.

FILING FEES: $16.00, KRS 382.100, exceeding three (3) pages, $3.00 per page.

 

LAND USE RESTRICTIONS

Filed by planning commission to show land use restrictions, including variances, conditional use permits and conditional zoning permits, plats and development plans, per KRS 100.3681. Filed in counties containing a planning commission. The County Clerk must maintain a record of the name and address of the agency having custody of the official zoning map for each planning unit within the county.

FILING FEE: $16.00, KRS 100.3681

 

 

LEASE

The document must have the first party and mailing address (KRS 382.135), second party and mailing address (KRS 382.135), legal description (Common Law and OAG 81-100), a preparation statement (KRS 382.335), and return mail address (KRS 382.335 & KRS 382.240). The document must be signed and acknowledged (notarized)(KRS 382.130).

FILING FEE: $16.00, KRS 64.012, exceeding three (3) pages, $3.00 per page.

 

LEGAL PROCESS TAX

This tax is collected and is included in the recording fees of the following land record documents as part of the filing fee:

• A tax of three dollars ($4) on each power of attorney to convey real or personal property;
• A tax of three dollars ($4) on each mortgage, financing statement, or security agreement;
• A tax of three dollars ($4) on each conveyance of real property; and
• A tax of three dollars ($4) on each lien or conveyance of coal, oil, gas, or other mineral right or privilege.

 

LIS PENDENS AND RELEASES

Usually entitled notice of lis pendens. Lis pendens means a pending suit. The notice of lis pendens is filed on the public record for the purpose of warning all persons that the title to certain property is in litigation and that they are in danger of being bound by adverse judgment. The document must have the following information:
• The person or entity asserting the lien (KRS 382.440)
• The person(s) or entity upon whom interest in the land the lien is being filed against (KRS 382.440)
• A legal description of the land involved (KRS 382.440)
• The action number and the court in which the action is pending (KRS 382.440)
• A preparation statement (KRS 382.335)
• Return mail address (KRS 382.335 & KRS 382.240)

The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

FILING FEE: $13.00 KRS 64.012, exceeding three (3) pages, $3.00 per page and includes one book/page (original document) reference. A $4 fee is applicable for each additional book/page reference.

MARITAL AGREEMENT (PRENUPTIAL AGREEMENT)

This document is entered into by two parties entering a marriage, that wish to decide how property and assets will be distributed in the event of a divorce or death of one of the parties. The document must have first party, second party, preparation statement, and a return address. The document must be signed and acknowledged by both parties.

FILING FEES: $13.00 KRS 64.012, exceeding three (3) pages, $3.00 per page.

MARRIAGE LICENSES

To obtain a marriage license, both parties must appear together with identification at the County Clerk's office. The license is valid for 30 days, is nonrefundable, and may only be used within the Commonwealth of Kentucky. If either party is under the legal age of 18, the parent or legal guardian must appear with the minor and provide written consent at the time of application. Proof of custody must also be provided. If the female is under 18 years of age, the marriage license must be obtained in the county where she and her parents/legal guardians reside and may require a court order.

FEE: $34.50, includes license and filing fees when returned to clerk's office after the ceremony has been performed.

MASTER CONDOMINIUM DEED

Recorded in the regular AND condominium deed books, if the county uses separate books. The document must have:
• Description of the land (KRS 381.835)
• General description and the number of each unit (KRS 381.835)
• Description of the general common elements of the building (KRS 381.835)
• Preparation statement (KRS 382.335)
• Return mail address (KRS 382.335 & KRS 382.240)
• A set of the floor plans must be filed simultaneously with the master deed. These are recorded in the condominium plat records, or the regular plat records, if a separate set of plat records is not maintained (KRS 381.835).

The document must be signed and acknowledged (notarized).

FILING FEE: $13.00*, exceeding three (3) pages, $3.00 per page. *If a separate condominium deed book is maintained, the fee is collected twice - once for its filing in the deed book and once for the condominium deed book filing.

MASTER FORM FOR MORTGAGES

KRS 382.295 - Kentucky law provides that a "Master Form for 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. Recording requirements:
• 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)
• First party - name of the person causing it to be recorded (KRS 382.295)
• The instrument does not need to be acknowledged (KRS 382.295)
• Preparation statement (KRS 382.335)
• Return mail address (KRS 382.335 & KRS 382.240)

FILING FEE: $16.00, KRS 64.012, exceeding three (3) pages, $3.00 per page.

MECHANICS LIEN

AKA materialman's lien. This document also includes Attorney's Liens and Agister's Liens (liens on horses) and Veterinary Liens. These are filed when payment for building repair, storage or services has not been made. The document must have the following:
• The name and address of the claimant (KRS 376.080)
• The name of the contractor, subcontractor or authorized agent and the property owner (KRS 376.010 & KRS 376.080)
• The lien is filed against the owner of the property and their name must be listed (KRS 376.080)
• Description of property has to be specific enough to identify the property (KRS 376.080)
• The lien must state the amount due and whether the services were performed by a contract with the owner, or with contractor or subcontractor (KRS 376.010 & KRS 376.080)
• Preparation Statement (KRS 382.335)
• Return mail address (KRS 382.335 & KRS 382.240)

FILING FEE: $13.00, KRS 64.012

 

 

MILITARY DISCHARGE

Military discharge papers may be recorded in the county where the person discharged is a resident. The County Clerk will record these documents at no charge. The name is to be indexed.

NO FILING FEE

MORTGAGE

AKA Deed of Trust or Indenture of Trust - This document must have the following: first party and their mailing address (KRS 382.335 & KRS 382.430), second party and their mailing address (KRS 382.110), amount of the mortgage (KRS 382.330), maturity date (KRS 382.330), legal description of the property (Common Law and OAG 81.100), preparation statement (KRS 382.335), and a return mail address (KRS 382.335 & KRS 382.240). The document must be signed by the mortgagor and notarized.

FILING FEES: $16.00 KRS 64.012, exceeding three (3) pages, $3.00 per page.

 

MORTGAGE WITH ASSIGNMENTS

Requirements are the same as those listed above for ASSIGNMENTS and MORTGAGE.

FILING FEES: $28.00, exceeding three (3) pages, $3.00 per page.

NOTARY PUBLIC APPOINTMENT

Notary public commissions are valid for four (4) years. The following requirements must be met:

• applicant must be eighteen (18) years old or older
• be a county resident
• be of good moral character
• be capable of discharging duties imposed by law
• cannot be a convicted felon

Applicant must submit a completed Application for Appointment to the Office of Notary Public Form. This form must be signed by the County Judge Executive, County Clerk, or Circuit Clerk. The signed application must be submitted to the Secretary of State in Frankfort, Kentucky. A $10.00 state fee must accompany the application.

If approved, the applicant will be notified via mail that a "Certificate of Appointment" has been sent to the County Clerk's office. The applicant must come to the County Clerk's office to take the oath of office within 30 days and post a $1000.00 bond. The bond may be an insurance policy bond, or a county property owner can be your surety. The property owner must come into the County Clerk's office and sign for you. NOTE: A husband and wife cannot sign a surety bond for each other. (KRS 423.010)

FILING FEE: $19.00

 

OPTION AGREEMENT

These documents grant a party the option to purchase real estate for a specified period of time (KRS 382.090). The document must have first party and mailing address (KRS 382.135), second party and mailing address (KRS 382.135), legal description (Common Law), preparation statement (KRS 382.335) and return mail address (KRS 382.335 & KRS 382.240). The document must be signed and notarized.

FILING FEE: $13.00, exceeding three (3) pages, $3.00 per page.

PARTNERSHIPS

KRS 362.425, KRS 362.407 - Partnership agreements or certificates are filed with the Secretary of State first, then with the County Clerk. The document must have the stamp of the Secretary of State on it in order to be filed at the county level, per KRS 362.425 (2)(C). The person presenting the partnership to the Secretary of State should present two copies -- one is filed there and one stamped as having been filed.

FILING FEE: $11.00, KRS 64.012, exceeding three (3) pages, $3.00 per page.

PLATS WITH PLANNING COMMISSION

The plat must have the approval of the planning commission and the commission's certification signed and dated (KRS 100.277). It requires the surveyor's certification, signed and dated and his seal. The plat cannot exceed 24 inches by 36 inches in size (KRS 100.283).

Planning commissions can provide additional regulations governing recording requirements, such as:
• The size of the document may be smaller than the statute indicates.
• The plat must have the owner's certification on it, signed and dated.
• The engineer certification, signed and dated, and his seal is only required for major plats, not for minors or consolidations.

FILING FEE: $20.00

PLATS WITHOUT PLANNING COMMISSION

The plat requires the surveyor's certification, signed and dated and his seal (KRS 322.400). The plat cannot exceed 24 inches by 36 inches in size (KRS 100.283).

 

FILING FEE: $20.00

POWER OF ATTORNEY

The document must have the following information: first party and their mailing address (KRS 382.135), second party and their mailing address (KRS 382.335), and a return mail address (KRS 382.240 & KRS 382.135). Document must be signed by the first party and be notarized.

FILING FEES: $16.00, exceeding three (3) pages, $3.00 per page.

 

POWER OF ATTORNEY REVOCATION

Document has the same requirements as a Power of Attorney.

FILING FEES: $13.00, exceeding three (3) pages, $3.00 per page.

 

PREPARATION STATEMENT

AKA Scrivners Statement (KRS 382.335). Provides that virtually all documents filed in land records contain the author's name, address and signature. The statute provides that the author's signature can be a facsimile on the statement. Documents that do not require preparation statements are Powers of Attorney and corporate record documents, such as articles of incorporation, assumed names and partnership agreements.

 

RELEASE

AKA Deed of Release, Satisfaction of Mortgage, Discharge of Mortgage. The document must have the following:
• First party (the person or entity releasing the obligation)(KRS 382.290)
• Second party (the individual or entity being released)(KRS 382.290)
• The mortgage book and page reference being released, or the deed book and page in the case of a vendors lien (KRS 382.360)
• Partial releases require a description of the property being released
• Release must state whole or partial release (KRS 382.240)
• Preparation statement (KRS 382.335)
• Return mail address (KRS 382.355 & KRS 382.240)
Document must be signed by the party or parties executing the release and the signature(s) notarized.

FILING FEES: $13.00, exceeding three (3) pages, $3.00 per page. KRS 64.012 *Note: Blanket releases which release more than one reference, the clerk shall collect a fee of $4.00 for each additional reference for indexing the notation per KRS, 64.012, KRS 382.290.

RELEASE OF CHILD SUPPORT LIEN - IN STATE

filed per KRS 382.470. The release requires the following:
• First party - the person or entity releasing the lien
• Second party - the person, persons, or entity being released
• The book and page being released
• Preparation statement
• Return mail address
Document must be signed by the person releasing the lien. The signature must be notarized.

FILING FEE: $5.00 KRS 64.012

RELEASE OF CHILD SUPPORT LIEN - OUT OF STATE

KRS 382.470 The release requires the following:
• First party - the person or entity releasing the lien
• Second party - the person, persons, or entity being released
• The book and page being released
• Preparation statement
• Return mail address
Authorized agent of the party that filed the lien must sign the document. The signature must be notarized.

FILING FEE: $13.00 KRS 205.715

RELEASES OF LIS PENDENS

And other encumbrances are filed per KRS 382.460. These releases require the following:
• First party - the person or entity asserting the lien (KRS 382.470)
• Second party - the person or entity being released (KRS 382.470)
• The book and page reference being released (KRS 382.290)
• A preparation statement (KRS 382.335)
• Return mail address (KRS 382.335 & KRS 382.240)

Documents must be signed and notarized by the party releasing the lien. KRS 382.470.

FILING FEE: $13.00, KRS 64.012. and includes one book/page (original document) reference. A $4 fee is applicable for each additional book/page reference.

RENUNCIATION OF A WILL

Renunciation shall be made within six (6) months after probate. The document must be acknowledged before the County Clerk and recorded with the County Clerk in the county where the probate was made, or acknowledged before a subscribing witness (an attorney) and proved before (notarized) and recorded with the County Clerk. (KRS 392.080)

FILING FEE: $13.00, KRS 64.012, exceeding three (3) pages, $3.00 per page.

STATE TAX LIENS

Types of state tax liens are state tax lien (Revenue Cabinet), recoupment lien (Workforce Development Cabinet), unemployment insurance, workers compensation, inheritance tax lien, and notice of seizure and tax lien. This document requires:
• First party - the person or entity asserting the lien (KRS 382.440)
• Second party - the person, persons or entity upon who the lien is being filed against (KRS 382.440).
• The document must state the action number and the court in which the action is pending (KRS 382.440)
• A preparation statement (KRS 382.335)
• Return mail address (KRS 382.335 & KRS 382.240)

FILING FEE: $5.00

STATE TAX LIEN RELEASES

The document must have:
• First party - the Commonwealth (KRS 372.470)
• Second party - taxpayer (KRS 382.470)
• A book and page reference of the original lien (KRS 382.290)

FILING FEE: $13.00 KRS 64.012 and includes one book/page (original document) reference. A $4 fee is applicable for each additional book/page reference.

SUBORDINATION AGREEMENT

This document is recorded to establish the priority of mortgages and is filed in the Mortgage Book. The document must have the following:
• First party (subordinating lender and borrower/mortgagor)(KRS 382.520)
• Second party (superior lender and their mailing address)(KRS 382.520)
• Description of mortgage being subordinated, i.e. original mortgage book and page reference (KRS 382.520)

The document must be signed by the first party(ies) and notarized.

FILING FEE: $13.00, KRS 64.012, exceeding three (3) pages, $3.00 per page.

 

TITLE LIEN STATEMENT

A title lien statement must have the following information to be filed: the name of the debtor and their address, name of the secured party and their mailing address, signature of the debtor and date executed, description of collateral (year, make, VIN), title or goldenrod copy of VTR form.  A title lien filing should be made in the county of the debtor's residence, if an individual, and in the county of principal headquarters of a resident business or in the county of principal use of the titled property, if the business or individual is a nonresident.

FILING FEES: $21.00 per titled property. A $2 penalty applies to title lien statements that are not filed within 20 days of execution.

UCC FILINGS

A financing statement filing must contain the following: name of the debtor and secured party, signature of the debtor, address of the secured party, mailing address of the debtor, a statement indicating types or describing the items of collateral. If the financing statement covers crops growing or to be grown, a description of the real estate concerned must be included and must describe the production season.

TO BE FILED WITH KENTUCKY SECRETARY OF STATE

 

WILLS

Wills must be admitted for probate in the district court of the county and contain a probate certificate before they can be recorded. The County Clerk may record wills probated in another Kentucky county if an attested copy of the will and order of probate from the County Clerk in the county where the will was originally filed is presented (KRS 394.300).

FILING FEES: $8.00, KRS 64.012.