DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Kentucky

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Kentucky, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/kentucky · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkA mortgage stating a maximum secures later advances ahead of later liens, even with notice.

Kentucky at a Glance

Topic Kentucky answer Where it comes from
Notice to owner (no direct contract) Notice of intent to hold the property liable within 75 days (claims under $1,000) or 120 days (over $1,000) after last work KRS 376.010
Owner-occupied 1-2 family home Notice within 75 days; no lien to the extent the owner paid before getting the notice KRS 376.010
Lien statement Filed with the county clerk within 6 months after last work; copy mailed to the owner within 7 days KRS 376.080
Suit Within 12 months after filing the statement KRS 376.090
Priority Relates back to the start of the work, but doesn't beat a recorded mortgage or BFP unless a pre-filed statement was on record first KRS 376.010
Recording act Unrecorded or unacknowledged deeds and mortgages are not valid against purchasers for value without notice or creditors KRS 382.270
Preparer statement Name and address of the preparer, signed; grantee's mailing address KRS 382.335
Deed transfer tax $0.50 per $500 of value, imposed on the grantor; consideration certificate on the deed KRS 142.050; KRS 382.135
Mortgage/indebtedness tax None (no state statute)
Future advances Mortgage stating a maximum secures additional debt, superior to later liens even with notice; the mortgagor can cap it by written request KRS 382.520
Title premium regulation Risk-rate schedule filed before use; insurer must adhere to filed rates KRS 304.22-020

1. Mechanic's Lien Rules

Plain English

Kentucky lien claimants file a lien statement with the county clerk within 6 months after they stop working, mail the owner a copy within 7 days, and sue within 12 months after filing. Anyone who didn't contract directly with the owner must first send the owner a notice of intent to hold the property liable: within 75 days for claims under $1,000, or 120 days for larger claims. For an owner-occupied one- or two-family home, the notice deadline is 75 days, and the owner isn't liable for amounts already paid before the notice arrived. Priority has a twist. A lien relates back to the start of work, but it doesn't beat a recorded mortgage or a bona fide purchaser unless the claimant had filed a pre-statement (showing what it furnished or expects to furnish) before that mortgage or deed was recorded.

Key Rules

Lien and relation back (KRS 376.010). The lien is superior to later encumbrances and relates back to the start of the labor or materials. Total liens can't exceed the original contract price (pro rata if they do).

Mortgages and BFPs (KRS 376.010). The lien doesn't take precedence over a recorded mortgage or bona fide conveyance for value without notice unless the claimant filed a statement with the county clerk before that mortgage or conveyance was recorded; priority is capped at the amount in that statement.

Notice by claimants without a direct contract (KRS 376.010(4)(a)). Within 75 days (claims under $1,000) or 120 days (claims over $1,000) after the last item furnished.

Owner-occupied 1-2 family dwellings (KRS 376.010(5)). Notice within 75 days after the last item furnished, in place of the subsection (4) notice; no lien to the extent the owner paid before receiving the notice. The contractor or subcontractor can't be the owner's authorized agent for this notice, and the rule also covers new homes built under contract for the owner's own use.

Lien statement (KRS 376.080). Filed within 6 months after the claimant ceases work; copy mailed to the owner within 7 days, or the lien dissolves.

Suit (KRS 376.090). Within 12 months after filing the statement (plus 6 months after a personal representative qualifies if the debtor dies).

Practice Points

  1. Search for pre-filed statements before the mortgage records. Those are what can prime a mortgage.
  2. Owner-occupied homes: evidence of payment before notice can defeat a sub's claim.
  3. Get lien waivers and an owner's affidavit covering the last 6 months.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Kentucky deeds are recorded with the county clerk. A deed or mortgage must be acknowledged or proved to be lodged for record and to be valid against a purchaser for value without notice or against creditors. Since 2022, an instrument that was recorded without a proper acknowledgment is still treated as validly lodged and gives constructive notice. The clerk won't record an instrument without a signed preparer statement (name and address of the person who prepared it) and the grantee's mailing address. The grantor pays the transfer tax of $0.50 per $500 of value. Kentucky also requires a sworn, notarized consideration certificate in deeds, signed by the grantor and grantee (or their agents). Kentucky has authorized remote online notarization since Jan. 1, 2020 (KRS 423.455).

Key Rules

  • Recording act (KRS 382.270). Not valid against a purchaser for value without notice, or creditors, until acknowledged or proved and lodged for record; unacknowledged instruments that were recorded are deemed validly lodged and give constructive notice.
  • Preparer statement and grantee address (KRS 382.335). Required for recording; a missing statement doesn't defeat notice once recorded.
  • Transfer tax (KRS 142.050). $0.50 per $500 of value, on the grantor; listed exemptions.
  • Deed contents (KRS 382.135). Full names and mailing addresses of grantor and grantee, the full consideration, the in-care-of address for the tax bill, and a sworn, notarized certificate by grantor and grantee (or agents) that the consideration stated is the full consideration (or, for a gift, the estimated fair cash value). Listed exceptions include utility easements, divorce-decree deeds, government rights-of-way, cemetery lots, and corrective deeds.
  • Remote online notarization (KRS 423.455). A Kentucky notary may notarize for a remotely located individual by communication technology, with identity proofing and an audio-visual recording; the certificate must say communication technology was used. The Secretary of State issues the implementing regulations.

Practice Points

  1. What the lender knows counts. Documents in the loan file showing someone else's interest can cost a recorded mortgage its priority (First State Bank of the Southeast, Inc. v. Jagannathan, No. 2025-CA-0550 (Ky. Ct. App. Feb. 6, 2026): the lender was charged with notice of a purchase contract it had been given, but not of a later advance it couldn't have known about).
  2. Check the preparer statement, grantee address, and consideration certificate before recording.
  3. Compute the transfer tax and confirm any exemption.

Citations

3. Securing Future Advances

Plain English

Kentucky's statute (KRS 382.520) has two parts. First, a mortgage automatically secures renewals, extensions, and interest rate modifications of the loan, even if the mortgage doesn't say so. Second, a mortgage can secure additional debt (future advances and other obligations) if it expressly authorizes it and states the maximum additional amount. That mortgage is superior to liens created after it was recorded, even for advances made after the lender knows about a later lien. The borrower has a tool to cap it: a written request (by certified mail) asking the lender to release the unused additional amount. If the lender doesn't act within 10 business days, the borrower can record the request, and later advances become subordinate to the lien described in it.

Key Rules

  • Renewals and modifications (KRS 382.520(1)). Secured automatically.
  • Additional indebtedness (KRS 382.520(2)). Secured if expressly authorized and the maximum is stated; superior to later liens even for advances made with actual or constructive notice.
  • Borrower's request (KRS 382.520(2), (3)). Lender must release the excess on written request; if it fails within 10 business days, the borrower may record the request, and later advances are subordinate to the described lien.

Practice Points

  1. Insuring a junior lien? Check for a recorded KRS 382.520 request, or have the borrower send one.
  2. Read the maximum in any open-end mortgage.
  3. HELOC payoffs: get a signed freeze and close request.

Citations

4. Subdivision Statutes and Regulations

Plain English

Kentucky subdivision control comes through local planning units under KRS chapter 100. Within a planning unit's jurisdiction, all subdivision of land needs planning commission approval, and the county clerk can't record a subdivision plat until the approval is endorsed on it (KRS 100.277). A sale of a lot by reference to an unapproved, unrecorded plat is void and can't be recorded until the plat gets final approval, though a contract or option to buy may be recorded.

Key Rules

  • Plat approval (KRS 100.277). Commission approval before subdividing; no plat recorded until approval is entered on it; transfers by reference to an unapproved plat are void until final approval (contracts and options to buy excepted).
  • Subdivision regulations (KRS 100.281). Must set plat submission, approval, and recording procedures; plats must be approved or disapproved within 90 days; improvement surety may be required.

Practice Points

  1. New lot? Get the approved, recorded plat.
  2. Unregulated counties: confirm whether any regulation applies.
  3. Check plat notes for easements and restrictions.

Citations

5. Title Premium Rates

Plain English

Kentucky title insurers must file their schedule of the risk portion of premium rates with the Commissioner before use, and file every later change. Rates must not be excessive, inadequate, or unfairly discriminatory, and the insurer must adhere to its filed rates. Charges for search, exam, and closing are separate from the risk rate.

Key Rules

  • Filing (KRS 304.22-020(1)). Risk-rate schedule filed before use, with every modification.
  • Standard (KRS 304.22-020(2)). Not excessive, inadequate, or unfairly discriminatory.
  • Adherence (KRS 304.22-020(3)). The insurer must use its filed rates.

Practice Points

  1. Quote only from the company's filed Kentucky risk rates.
  2. Show the risk rate separately from service charges.
  3. No discounts that aren't in the filing.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Kentucky's real estate transfer tax is 50 cents per $500 of value (or fraction), and the grantor (seller) pays it. The deed must include a consideration certificate. Kentucky has no mortgage tax.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate. $0.50 per $500 of value (KRS 142.050), on the grantor.
  • Consideration certificate signed by the parties is required on the deed (KRS 382.135).
  • No local add-on or entity-transfer tax found; KRS 142.050 taxes deeds.

(b) Mortgage, indebtedness or intangible tax

  • None found. Kentucky has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

  • County clerk recording fees (KRS 64.012, as amended effective July 15, 2026). Deeds and most instruments: $33 up to 5 pages, plus $3 per additional page and $4 per additional reference. Mortgages: $63 up to 30 pages, plus $3 per additional page.

Practice Points

  1. Worked example. A $400,000 sale: $400 (seller).
  2. No mortgage tax on loans.

Citations

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