Kentucky Statutes 382.270 – Instruments not valid against purchasers or creditors unless acknowledged or proved — Exemption for instruments otherwise lodged for record
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(1) Except as otherwise provided in KRS § 382.285, no deed or deed of trust or mortgage conveying a legal or equitable title to real property shall be lodged for record and, thus, valid against a purchaser for a valuable consideration, without notice thereof, or against creditors, until such deed or mortgage is acknowledged or proved according to law. However, if a deed or deed of trust or mortgage conveying a legal or equitable title to real property is not so acknowledged or proved according to law, but is or has been otherwise lodged for record, such deed or deed of trust or mortgage conveying a legal or equitable title to real property or creating a mortgage lien on real property shall be deemed to be validly lodged for record for purposes of KRS Chapter 382, and all interested parties shall be on constructive notice of the contents thereof.
(2) As used in this section, “creditors” includes all creditors irrespective of whether or not they have acquired a lien by legal or equitable proceedings or by voluntary conveyance.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 167, sec. 1, effective July 14, 2022. — Amended
2010 Ky. Acts ch. 155, sec. 2, effective July 15, 2010. — Amended 2006 Ky. Acts ch.
183, sec. 16, effective July 12, 2006. — Amended 1962 Ky. Acts ch. 83, sec. 16. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 496.
(2) As used in this section, “creditors” includes all creditors irrespective of whether or not they have acquired a lien by legal or equitable proceedings or by voluntary conveyance.
Terms Used In Kentucky Statutes 382.270
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 167, sec. 1, effective July 14, 2022. — Amended
2010 Ky. Acts ch. 155, sec. 2, effective July 15, 2010. — Amended 2006 Ky. Acts ch.
183, sec. 16, effective July 12, 2006. — Amended 1962 Ky. Acts ch. 83, sec. 16. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 496.