AN ACT relating to recording of deeds.

UNOFFICIAL COPY 26 RS HB 780/GA
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HB078010.100 - 1940 - XXXX 3/18/2026 2:33 PM GA
AN ACT relating to recording of deeds. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 382.110 is amended to read as follows: 3
(1) All deeds, mortgages , and other instruments required by law to be recorded to be 4
effectual against purchasers without notice, or creditors, shall be recorded in the 5
county clerk's office o f the county in which the property conveyed, or the greater 6
part of the property conveyed[thereof], is located. 7
(2) No county clerk or deputy county clerk shall admit to record any deed of 8
conveyance of any interest in real property equal to or greater tha n a life estate, 9
unless the deed plainly specifies and refers to the immediate source from which the 10
grantor derived title to the property or the interest conveyed in the deed[therein]. 11
(3) (a) An authentic photocopy of any original record may be certified [,] as a true, 12
complete, unaltered copy of the original record on file by the official public 13
custodian of the record. 14
(b) A certified copy of a document [ certified by the official public custodian of 15
that document] may be submitted for filing in any other filing officer's 16
jurisdiction as though it were the original record. However, no county clerk or 17
deputy county clerk shall accept for filing any origina l document or certified 18
copy of any document unless the original document and its certified copy 19
conform[conforms] to all statutory requirements for filing the document 20
under KRS Chapter 382.[ The provisions of ] 21
(c) This subsection shall apply only to a r ecord generated and filed in Kentucky, 22
and only if the certified copy of the record [thereof] is to be utilized in 23
Kentucky. If the record is a foreign record or a Kentucky record to be filed or 24
utilized in a foreign jurisdiction, then this subsection shall not apply and 25
applicable federal, Kentucky, or foreign law shall apply. 26
(4) If the source of title is a deed or other recorded writing, the deed offered for record 27
UNOFFICIAL COPY 26 RS HB 780/GA
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shall refer to the former deed or writing, and give the office, book , and page where 1
recorded, and the date of recording [thereof]. If the property or interest in the 2
property[therein] is obtained by inheritance or in any other way than by recorded 3
instrument of writing, the deed offered for record shall state clearly and accurately 4
how and from whom the title to the property or interest [thereto] was obtained by 5
the grantor. 6
(5) If the title to the property or interest conveyed is obtained from two (2) or more 7
sources, the deed offered for record shall plainly specify and refer to each of the 8
sources in the manner provided in subsections (2) and (4) of this section, and shall 9
show which part of the property, or interest in the property [therein], was obtained 10
from each of the sources. 11
(6) No grantor shall lodge for record, and no county clerk or dep uty shall receive and 12
permit to be lodged for record, any deed that does not comply with [ the provisions 13
of] this section. 14
(7) No clerk or deputy clerk shall be liable for[to] the fine imposed by subsection (1) of 15
KRS 382.990 because of any erroneous or fa lse references in any [ such] deed, nor 16
because of the omission of a reference required by law where it does not appear on 17
the face of the[such] deed that the title to the property or interest conveyed was 18
obtained from more than one (1) source. 19
(8) This section does not apply to deeds made by any court commissioner, sheriff, or by 20
any[ officer of] court officer in pursuance of his or her duty as a court [such] 21
officer, nor to any deed or instrument made and acknowledged before March 20, 22
1928. No deed shall b e invalid because it is lodged contrary to [ the provisions of] 23
this section. 24
(9) A mortgage holder shall file a deed in lieu of foreclosure in the county clerk's office 25
of the county in which the property conveyed, or the greater part of the property 26
conveyed[thereof], is located, no later than forty -five (45) days after the date the 27
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deed in lieu of foreclosure is executed. 1
(10) (a) A deed filed pursuant to KRS 426.577 shall be filed by the grantee within five 2
(5) business days of receipt of the deed from the commissioner appointed by a 3
court to convey the property. 4
(b) If the property is located within the boundaries of a municipal g overnment 5
and the grantee has not filed the deed from the commissioner within thirty 6
(30) business days of its receipt, the municipal government may file a 7
petition in the Circuit Court of the county where the property is located 8
requesting the court to enter an order: 9
1. Compelling the filing of the deed by the grantee; and 10
2. Awarding court costs and attorney's fees incurred in bringing the 11
petition. 12