Releases

A release is the formal discharge of a lien.  

Releases must state full, whole or partial release. 

Effective 7-12-06 KRS 382.360 (2)  The clerk shall cause the original deed of release to bedelivered to the mortgagor or grantor or person entitled thereto.

KRS 382.360 (2) is amended to delete the requirement that a Deed of Release be returned to ’the Mortgagor’, or grantor or person entitled thereto.  Mortgage Releases recorded after January 1, 2020 will be returned to the lienholder or the party requesting the Release be recorded.  

Each document should have only one Mortgage Book and Page reference per release.  Due to statutory change in KRS 382.360 in 2006 and based on KRS 382.290 Kentucky Clerks do not accept blanket releases or assigments.  Instead they require a separate document for each notation.

*Important Note:  Per KRS 382.290 (4) (4) No person who does not, from such record or assignment of record, appear at the time to be the legal holder of any note secured by lien in any deed or mortgage, shall be permitted to release the lien securing any such note, and any release made in contravention of this section shall be void; but this section does not change the existing law if no such entry is made.  Meaning a release shall not be lodged with the clerk or deputy clerk without first verifying the release is from the legal holder, and the book and page of the document to be released , is the correct document.  See Penalties sections KRS 32.990.