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Financial Services Law Insights and Observations

Kentucky Attorney General Issues Opinion on Mortgage Recordation

State Issues

On March 20, Kentucky Attorney General Jack Conway issued an opinion concluding that the Kentucky County Clerk does not have the authority to refuse to file amended mortgages. The opinion letter clarifies that the relevant Kentucky statute (KRS 382.300) does not require a document to be titled “mortgage” or a “mortgage amendment” to be recorded.