Kentucky Mortgage Deed
Description
How to fill out Mortgage Deed?
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FAQ
The grantor must sign the deed and signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement and the signatures must be notarized. The document must be filed in the county clerk's office of the county where the property is located (or the greater part).
To put simply, the deed is the legal document that proves who holds title to a property, while a mortgage is an agreement between a financial lender and borrower to repay the amount borrowed to purchase a home.
However, preparation of deeds and mortgages constitutes the practice of law and must be prepared by an attorney.
Kentucky requires the person transferring property (the grantor) and the person receiving property (the grantee) to sign the deed. A deed from or to more than one person must be signed by all grantors and grantees. A deed involving an entity must be signed by a representative with legal power to act for the entity.
(1) All deeds, mortgages and other instruments required by law to be recorded to be effectual against purchasers without notice, or creditors, shall be recorded in the county clerk's office of the county in which the property conveyed, or the greater part thereof, is located.
While recording a deed does not affect its validity, it is extremely important to record since recordation protects the grantee. If a grantee fails to record, and another deed or any other document encumbering or affecting the title is recorded, the first grantee is in jeopardy.
Law shall not prevent a person (not holding himself out as a practicing attorney) from writing a deed, mortgage, or will. 5 Such legislation accounts in part, no doubt, for the odd instruments that we, who read this article, shall observe passing through our courts.
If you would like to obtain copies of records maintained by the Land Office, please print and return or submit online a Land Office Order Form. Prepayment is not required; an invoice will be included when your order is returned to you.
