Kentucky Granting Clause
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FAQ
Kentucky Transfer-on-Death Deeds Kentucky has not authorized transfer-on-death (TOD) deeds. Property owners in states that allow TOD deeds can record a TOD deed during life without giving up any rights in the property until the owner's death.
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).
(KRS 382.335). All Deeds and Mortgages must have derivation clause. If a deed is being recorded prior to the mortgage, the mortgage derivation clause must reference the new deed.
Attorney Involvement Laypersons may conduct real estate closings, but may not answer legal questions that arise at the closing, or offer any legal advice to the parties. 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.
New Kentucky Deed Requirement Now In Effect the mailing addresses of the grantor and grantee; a statement of the full consideration; statement indicating the in-care-of address to which the property tax bill for the year in which the property is transferred may be sent; and.
Law shall not prevent a person (not holding himself out as a practicing attorney) from writing a deed, mortgage, or will.
Roberts: ?Kentucky is a race-notice jurisdiction? and that ?a prior interest in real property takes priority over a subsequent interest that was taken with notice, actual or constructive, of the prior interest.? Roberts, 366 S.W.
