| Encumbrance Index |
| Return to Land Records Index |
| Architects', Engineers', Landscape Architects', Land Surveyors', & Real Estate Broker Liens |
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KRS 376.075
Any liens listed above that involve public improvements will be governed by KRS 376.210 |
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| Child Support Lien - Out of State |
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KRS 205.7785
Document must be: signed by the person or entity asserting the lien or their attorney or agent. This person must be authorized to file the lien. Indexing information: Same as a lis pendens. They are filed in the encumbrance book and indexed in the encumbrance index per KRS 382.460. They are indexed under the names of each person whose interest in the property is affected. The first party is the person the lien is against. The second party is the entity asserting the lien. Click for Fee Schedule |
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| Corporation's Lien for Taxes |
| (RECORDING; LIMITATION; PROCEDURE WHEN TAX IS PAID; USE OF TAXES FOR
MISCELLANEOUS PROVISIONS AS TO DITCHES,DRAINAGE, AND RECLAMATION) KRS
269.180 The corporation shall have a lien for all taxes upon the land assessed and upon all personal property of the owners found upon the premises not exempt from execution, attachment, or distraint. Unless suit is commenced or proceedings had within ten (10) years from July 1 of any particular year, the lien for that year's taxes shall be lost. After the action of the Circuit Court of the county upon the assessment and apportionment, the circuit clerk shall certify a copy of it to the county clerk, Recording Requirements:
The first party is the owner of the property The second party is the holder of the lien (corporation) Click for Fee Schedule |
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| Environmental Protection - No Further Remediation Letter |
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Recording Requirements
The document must be signed by the Commonwealth or their attorney or agent. The signature does not need to be notarized. Indexing information: The document will be filed in the encumbrance book. The first party is the Commonwealth of Kentucky. The second party is the person or entity receiving the notice. The public entity shall record the No Further Remediation Letter with the county clerk of the county in which the property is located. Click for Fee Schedule |
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| Federal Tax Liens |
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AKA IRS liens and releases The IRS prepares these documents. The liens are filed against
the taxpayer per KRS 382.480. The specific statute is printed
below. |
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| Foreign Judgment |
| County Clerks are often asked to record a foreign judgment. The statutes direct that a foreign judgment must first be filed with the clerk of the circuit court (see KRS 426.955 & KRS 426.960). Once that has occurred a judgment lien may be prepared and filed with the county clerk according to KRS 426.720. |
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| Guardianship or Conservatorship for Disabled Persons |
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KRS 387.590 TYPES OF GUARDIANS AND CONSERVATORS TO BE APPOINTED; ORDER OF
APPOINTMENT; FILING OF JUDGMENT AND ORDER; LEGAL DISABILITIES |
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| Interlocal Cooperation Act |
| KRS 65.290 Copies of agreement must be filed; status of agencies in controversy involving interstate agreement Before any agreement made pursuant to KRS 65.210 to 65.300 shall become operative or have force and effect, a certified copy thereof shall be filed with the county clerk of the county which is party to the agreement, the county clerk of the county wherein any other political subdivision of the state is located which is party to such agreement, and with the Secretary of State. In the event that an agreement entered into pursuant to KRS 65.210 to 65.300 is between or among one or more public agencies of this state and one or more public agencies of another state or of the United States, said agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. Such action shall be maintainable against any public agency or agencies whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state. HISTORY: 1964 c 114, § 6, eff. 6-18-64; 1962 c 216, § 8 Filing fees: $13.00, (Clerk, $6.00; AHTF $6.00 KRS 64.012; postage $1.00 KRS 382.240) Exceeding 3 pages, $3.00 per page KRS 64.012 |
| Judgment Lien |
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AKA Notice of Execution The document must have the following:
The document must be: signed by the judgment creditor or his attorney. The signature does not need to be notarized. Required wording from KRS 426.720 as follows: "Notice to Judgment Debtor. You may be entitled to an exemption under KRS 427.060, reprinted below. If you believe you are entitled to assert an exemption, seek legal advice." KRS 427.060 reads as follows: In addition to any exemption of personal property, an individual debtor's aggregate interest, not to exceed $5,000 in value, in real or personal property that such debtor or a dependent of such debtor uses as a permanent residence in this state, or in a burial plot for such debtor or a dependent of such debtor is exempt from sale under execution, attachment or judgment, except to foreclose a mortgage given by the owner of a homestead or for purchase money due thereon. This exemption shall not apply if the debt or liability existed prior to the purchase of the property or the erection of the improvements thereon. Indexing information: The document is filed in the encumbrance book and indexed in the encumbrance indexes under the name of the judgment debtor per KRS 426.720. The first party is the person the judgment is against. The second party is the person or entity bringing the action. Click for Fee Schedule |
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| Lien on Employer's Property for Unemployment Compensation Contributions |
| KRS 341.310 A lien on a parity with state, county, and municipal ad valorem tax liens. It is superior to the lien of any mortgage or other encumbrance heretofore or hereafter created is hereby created in favor of the cabinet upon all property of any subject employer from whom contributions, interest or penalties are or may hereafter become due. The lien shall attach to all interest in property, either real or personal, then owned or subsequently acquired by the person against whom the assessment is made. The cabinet may file notice of the lien with the county clerk of any county or counties in which the subject employer's business or residence is located, or in any county in which the subject employer has interest in property and such notice shall be recorded in the same manner as notices of lis pendens are and the file shall be designated "miscellaneous state tax liens." Such recordation shall constitute notice of both the original assessment and all subsequent assessments of liability against the same subject employer. Recording and indexing requirements are the same as State Tax Liens. See section on State Tax Liens. Click for Fee Schedule LIEN RELEASE Recording and indexing requirements are the same as State Tax Lien Releases. See section on State Tax Lien Releases. The Commonwealth is the entity asserting the lien and the only entity that can release the lien. Click for Fee Schedule |
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| Lien on Farm Crop for Service by Custom Operator |
| KRS 376.135 Any custom operator who performs a service on a farm, including but not limited to filling of silos, hay baling and crop spraying, by contract with, or by the written consent of the owner or manager of the farm, shall have a lien upon the farm crop involved to secure the cost of the service furnished. Recording requirements for the lien and the lien release and associated fees are the same as Mechanics Liens - See this section for detailed information. |
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| Lien on Forfeited Property, Lien on Forfeited Property Renewal & Release of Lien |
| The Commonwealth may file on the official records of any one (1) or more
counties a forfeiture lien notice of the lien created by statutes in Chapter
218A. Recording Requirements The forfeiture lien notice shall be signed by an attorney authorized to institute a forfeiture action on behalf of the Commonwealth. The notice shall set forth the following information: Name of the entity asserting the lien (The Commonwealth); The name of the owner of record of the property subject to the lien if known; The name of the defendant; A description of the property which is subject to the lien; The date and place of seizure or location of any property not seized but subject to forfeiture; The violation of law alleged with respect to forfeiture of the property; A reference to any judicial proceeding pending against the property with reference to forfeiture.; The name of the county or counties where the proceeding has been brought; The case number of the proceeding (if known); The name of the defendant; The name and address of the attorney filing the forfeiture lien notice. Indexing Information: The first party is the name of the property owner and the defendant. The second first party is the Commonwealth Filing fee: NONE RELEASE LIEN The Commonwealth is the entity asserting the lien and the only entity that can release the lien. Filing fee: NONE FORFEITURE LIEN RENEWAL KRS 218A.450 The term of a forfeiture lien notice shall be for a period of six (6) years from the date of filing unless a renewal forfeiture lien notice has been filed, and, in such case, the term of the renewal forfeiture lien notice shall be for a period of six (6) years from the date of its filing. The Commonwealth shall be entitled to only one (1) renewal of the forfeiture lien notice. Filing fee: NONE FORFEITURE LIEN RELEASE KRS 218A.450 The attorney who filed the forfeiture lien notice may release in whole or part any forfeiture lien notice or may release any personal or real property or interest in it from the forfeiture lien notice upon the terms and conditions he determines. Any executed release of a forfeiture lien notice shall be filed in the official records of any county. No charge or fee shall be imposed for the filing of any release of forfeiture lien notice. Indexing Information: The first party is the Commonwealth. The second party is the name of the property owner and the defendant Filing fee: NONE |
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| Lien on Gas, Oil or Other Mineral Leasehold |
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Any person who performs labor or furnishes materials, supplies,
fixtures, machinery or other things of value to a lessee holding
or owning a leasehold, or any right conferred by a lease, relating
to oil, gas or other minerals, in the development or improvement
of the leasehold, by contract with or by the written consent of
the owner or the agent or representative of the owner of the
leasehold, shall have a lien on the leasehold or the entire
interest of the lessee including oil or gas wells, machinery and
equipment, to secure the payment for the labor or things
furnished. If the labor or things are furnished at the written
request or by the written consent of any contractor or
subcontractor, or the agent of either, the lien herein given shall
be for the benefit of whoever may furnish any of the labor or
things mentioned. The lien herein provided for shall be effective
against the leasehold, or the entire interest of the lessee
therein, including all improvements thereon belonging to the
lessee. |
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| Lien on Property of Employer Who Violates Provisions of Occupational Safety and Health of Employees |
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KRS 224.01-465 A lien may be placed on all property, both real and personal, of an employer who has violated any requirement of the statutes on Occupational Safety and Health of Employees. The lien shall be in favor of the Labor Cabinet and shall be an amount totaling the penalties due, together with interest at a rate of twelve percent (12%) per annum from the date the order of the review commission is final, but not before all administrative and judicial appeals have been exhausted. The lien shall be attached to all property and rights to property owned or subsequently acquired by the employer. Recording Requirements The commissioner of the Labor Department(or his designee) shall record the lien. The lien will be against the name and last known address of the employer against whom the assessment was made The lien shall show the date on which the citation was issued, the date of the violation. The amount of penalties and interest The lien shall be superior to the lien of any mortgage or encumbrance thereafter created and shall continue for ten (10) years from the time of the recording, unless sooner released or otherwise discharged. Lien to be filed in the following offices The lien shall be filed in any of the following offices in which the employer owns property or rights to property. (a) The office of the county clerk of the county in which the defendant employer resides. (b) The office of the county clerk of the county in which the defendant employer has its principal place of business. (c) The office of the county clerk of any county in which the defendant employer has property or an interest in property. Indexing information: The first party is the employer. The second party is the Labor Cabinet. Clerk fees: NONE All filing fees have been waived by statute KRS 338.201(2) |
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| Lien on Property of Employer Who Violates Provisions of Wage & Hours |
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KRS 337.075
The Commonwealth is the entity asserting the lien and the only entity that can release the lien. Clerk fees: NONE All filing fees have been waived by statute KRS 337.075(2) |
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| KRS 532.164 Any convicted person owing fines, court costs, restitution, or reimbursement before or after his release from incarceration shall be subject to a lien upon his interest, present or future, in any real property. The real property lien shall be filed in the circuit clerk's office of the county in which the person was convicted and shall also be filed by the Commonwealth in any county in which the convicted person is known to own property or reside. The lien may be foreclosed upon in the manner prescribed in KRS Chapter 426 and shall remain valid until satisfied. The lien shall constitute a charge against the estate of any decedent owing moneys under this chapter. The attorney for the Commonwealth, and not the crime victim shall prepare and file lien documents for moneys to be restored to the crime victim. The manner of filing, recording, and releasing the lien shall be consistent with the provisions of KRS Chapter 376. See section on Mechanics Lien for recording requirements Filing Fee: The attorney for the Commonwealth shall pay to the county clerk five dollars ($5) which shall be assessed as court costs for the filing of any lien upon real estate. This $5.00 includes the release per KRS 532.164 (5). The filing fee shall constitute payment for both filing and release of the lien. The attorney for the Commonwealth shall notify the appropriate county clerk that the lien has been satisfied within ten (10) days of satisfaction. |
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| Lis Pendens |
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KRS 382.440
The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized. Indexing information: Lis pendens are filed in the encumbrance book and indexed in the encumbrance index per KRS 382.460. They are indexed under the names of each person whose interest in the property is affected. The first party is the person the lien is filed against. The second party is the person bringing the action. Click for Fee Schedule |
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| Lis Pendens - Notices Concerning Proceedings in Bankruptcy |
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382.510
The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized. The statute says these are to be recorded in the deed book. Indexing information: This document is filed in the deed book and indexed in the deed index per KRS 382.460. They are indexed under the names of each person whose interest in the property is affected. The first party is the person involved in the bankruptcy (grantor). The second party is the person bringing the action, the name of the trustee in bankruptcy or receiver (grantee). Click for Fee Schedule |
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| Mechanics Lien |
| AKA Materialman's Lien KRS 376.010, KRS 376.080 The following list of liens are recorded and indexed as a
mechanics lien: Attorney's Liens (KRS 376.460)
The person claiming the lien or someone on his behalf must sign the lien. Their signature must be notarized and the notary format must be subscribed and sworn to in order for the lien to be valid (KRS 376.080). Click for Fee Schedule Clarification for above requirements: 1. Claimant - if claimant is a corporation, the document must contain the name and address of the corporation's process agent. (KRS 376.080) 2. Owner - means an owner in fee simple, but also an owner under an executory contract. Example for personal property: serial numbers, make, model or licensing information. On horses, the horse is a three year old, brown colt known as ABC out of LWP by KLM.) |
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| Mechanics Lien furnished on Public Property |
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KRS 376.210
The lien must be: signed by the person claiming the lien or someone on his behalf. Their signature must be notarized and the notary format must be subscribed and sworn to in order for the lien to be valid (KRS 376.080). Click for Fee Schedule |
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| Medicaid Program Lien |
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This is a lien filed by the Commonwealth against all property of any provider or
recipient who is found to have defrauded the Medicaid program. The notice of the
lien is to be recorded like a lis pendens KRS 205.8471(3). The statute allows
for partial releases as well as full releases of this lien. The Commonwealth
would be the legal entity to record the lien or to release the lien. The
recording and release fees associated with this document would be the same as a
state tax lien.
The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized. Indexing information: Medicaid Program Liens are filed in the encumbrance book and indexed in the encumbrance index per KRS 382.460. They are indexed under the names of each person whose interest in the property is affected. The first party is the person or entity the lien is filed against. The second party is the Commonwealth. Click for Fee Schedule |
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| Property Bonds as Surety (Bail Bonds) |
| KRS 431.535 Filed in the miscellaneous encumbrance book. Filed when a property owner pledges his property as surety to secure the release of a prisoner from jail. Once the property bond has been filed the Commonwealth of Kentucky has a lien on the property. KRS 431.535(5) The document must have:
Indexing Information: The bond shall be filed in the miscellaneous encumbrance book (KRS 431.535 (5) and indexed in the name of the property owner. The first party is the surety (property owner). The second party is the Commonwealth. A copy of a schedule for bail bond secured by real estate is on the following page. Click for Fee Schedule |
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| Revenue Cabinet Lien |
| SEIZING TAXABLE PROPERTY AND THE RELEASE OF LIEN KRS
138.880 AKA DRUG OR MARIJUANA LIEN Within seventy-two (72) hours after the seizure of marijuana or a controlled substance, law enforcement will notify the Revenue Cabinet in writing of each seizure if the tax imposed by KRS 138.872 has not been paid as evidenced by the absence of the tax stamps, labels, or other official tax indicia required to be affixed to the marijuana or controlled substance. Recording Requirements The notice required in this subsection shall be submitted in the manner prescribed by the Revenue Cabinet and shall include: (a) The name, address, and Social Security number of the person from whom the seizure was made; (b) The type and quantity of the items seized; (c) Any information developed during the course of the investigation regarding any real or personal properties owned by the person from whom the seizure was made; (d) Other information the Revenue Cabinet may require to facilitate the assessment and collection of the tax due pursuant to KRS 138.872. The lien will be in favor of the Commonwealth Revenue Cabinet. Place of Recording (a) The county clerk of the county in which the seizure was made; (b) The county clerk of the county in which the person from whom the seizure was made resides if different from the county in which the seizure was made; (c) The county clerk of any other county in which the police agency reasonably believes the person from whom the seizure was made owns real or personal property. Indexing information: The first party is the person or entity the lien is filed against. The second party is the Commonwealth. Click for Fee Schedule RELEASE LIEN The Commonwealth is the entity asserting the lien and the only entity that can release the lien. Click for Fee Schedule |
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| State Lottery Corporation Lien |
| 154A.420 Whenever any person who receives proceeds from the sale of lottery tickets in the capacity of a lottery retailer becomes insolvent, or dies insolvent, the proceeds due the corporation from such person or his estate shall have preference over all debts or demands. The lien shall be of equal rank with the tax liens of the state, or any city, county, or other taxing authority within the state. The lien must be recorded by the Lottery corporation with the county clerk of any county or counties in which the retailer's business or residence is located, or in any county in which the retailer has an interest in property The lien will be against the retailer. The recording of the lien shall constitute notice of both the original obligation to the corporation and all subsequent obligations to the corporation of the same retailer. The lien will be prepared as a state tax lien. Click for Fee Schedule Recording and indexing requirements are the same as State Tax Liens. See section on State Tax Liens. |
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| State Tax Liens |
| Types of state tax liens are: State tax lien (Revenue Cabinet) Recoupment lien (Workforce Development Cabinet) Unemployment Insurance Workers Compensation Inheritance Tax Lien Notice of Seizure and Tax Lien KRS 134.420(2) discusses state tax liens and releases and refers to KRS 382.440 for recording requirements and KRS 382.470 for Release requirements.
Indexing information: The liens are filed per KRS 134.420(2) & 382.440 and are recorded in the encumbrance book and indexed under the name of the taxpayer. The first party is the person or entity the lien is filed against. The second party is the Commonwealth. Click for Fee Schedule |
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| Statement of Assurance |
| KRS 42.355 Examination and approval of projects, grants, administration,
condition Capital projects in area development districts require written assurances by beneficiary agencies. KRS 42.355 requires that the written assurance must be lodged and recorded in the county clerk's office where the proposed project is located. Record this document in the Encumbrance Book or book where you record liens. The document must have: Granting party Recipient (Area Development District) Return mail address (KRS 382.335 & KRS 382.240) Both parties must sign the document and both signatures must be acknowledged. Indexing information: The document is filed in the encumbrance book and indexed in the under both parties. Click for Fee Schedule Rev 10/25/05 |
| Worker's Compensation - Determination of Employer's Compliance |
| RECORDING CERTIFICATE CONSTITUTING A LIEN IN FAVOR OF UNINSURED EMPLOYER'S FUND
KRS 342.770 The Labor and Human Rights Commissioner shall record a certificate prepared and furnished him by the general counsel. It will include:
Such lien shall be superior to the lien of any mortgage or other encumbrance thereafter created and shall continue for ten (10) years from the time of such recording, unless sooner released or otherwise discharged. The certificate constituting a lien in favor of the uninsured employers' fund shall be filed in the following offices:
Click for Fee Schedule LIEN RELEASE Recording and indexing requirements are the same as State Tax Lien Releases. See section on State Tax Lien Releases. The Commonwealth is the entity asserting the lien and the only entity that can release the lien. Click for Fee Schedule |
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