Kentucky Statutes 382.990 – Penalties
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(1) Any grantor of a deed or any holder of a note who lodges for record a deed, instrument, or deed assigning a note or a deed of release or an instrument wherein there is a release, and any county clerk or deputy county clerk who receives and permits to be lodged for record any such instrument or deed contrary to the provisions of KRS § 382.110, 382.120, 382.290, or 382.360, shall be guilty of a violation; the clerk or deputy who actually receives and files the instrument for record shall incur the penalty, but no clerk or deputy shall be fined because of any false or erroneous statement in the instrument filed.
(2) Any person who willfully and fraudulently makes affidavit to any statement mentioned in KRS § 382.120, which is false, knowing the statement to be false, shall be guilty of a Class A misdemeanor, and in addition shall be liable to any person who may be injured by the making, filing, recording, or use of the affidavit.
For details, see § 532.060 and § 532.090
(3) Any person who causes to be recorded in a county clerk’s office a deed, deed of trust, or mortgage in violation of KRS § 382.330, or fails to file the statement required by KRS § 382.380, shall be guilty of a Class A misdemeanor.
(4) Any county clerk who records a deed or mortgage in violation of KRS § 382.330 shall be guilty of a violation.
(5) Any county clerk who, by himself or deputy, fails to perform any duty enjoined upon him by any of the provisions of KRS § 382.110, 382.160, 382.180 to 382.200,
382.210, 382.250, 382.300 to 382.320, 382.360, or 382.370 shall be guilty of a violation.
(6) Any person who knowingly and intentionally gives a false name or address in any instrument or assignment mentioned in KRS § 382.430, shall be guilty of a Class A misdemeanor.
(7) Any county clerk who fails to perform his duties under KRS § 382.430, shall be guilty of a violation.
(8) Any person who willfully and fraudulently gives a false statement as to the full actual consideration of property or the full estimated value under KRS § 382.135, shall be guilty of a Class D felony.
(9) Any mortgage holder that fails to file a deed in lieu of foreclosure pursuant to KRS
382.110(9) shall be guilty of a violation.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 44, sec. 2, effective July 12, 2012. — Amended
1992 Ky. Acts ch. 463, sec. 44, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 411, sec. 5, effective July 13, 1990. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 495, 495a-3, 498, 498a, 511a-3, 522,
4051a.
(2) Any person who willfully and fraudulently makes affidavit to any statement mentioned in KRS § 382.120, which is false, knowing the statement to be false, shall be guilty of a Class A misdemeanor, and in addition shall be liable to any person who may be injured by the making, filing, recording, or use of the affidavit.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 382.990
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Grantor: The person who establishes a trust and places property into it.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(3) Any person who causes to be recorded in a county clerk’s office a deed, deed of trust, or mortgage in violation of KRS § 382.330, or fails to file the statement required by KRS § 382.380, shall be guilty of a Class A misdemeanor.
(4) Any county clerk who records a deed or mortgage in violation of KRS § 382.330 shall be guilty of a violation.
(5) Any county clerk who, by himself or deputy, fails to perform any duty enjoined upon him by any of the provisions of KRS § 382.110, 382.160, 382.180 to 382.200,
382.210, 382.250, 382.300 to 382.320, 382.360, or 382.370 shall be guilty of a violation.
(6) Any person who knowingly and intentionally gives a false name or address in any instrument or assignment mentioned in KRS § 382.430, shall be guilty of a Class A misdemeanor.
(7) Any county clerk who fails to perform his duties under KRS § 382.430, shall be guilty of a violation.
(8) Any person who willfully and fraudulently gives a false statement as to the full actual consideration of property or the full estimated value under KRS § 382.135, shall be guilty of a Class D felony.
(9) Any mortgage holder that fails to file a deed in lieu of foreclosure pursuant to KRS
382.110(9) shall be guilty of a violation.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 44, sec. 2, effective July 12, 2012. — Amended
1992 Ky. Acts ch. 463, sec. 44, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 411, sec. 5, effective July 13, 1990. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 495, 495a-3, 498, 498a, 511a-3, 522,
4051a.