(1) If an electronic record or paper printout of an electronic record relating to real property located in this state contains an acknowledgment performed by electronic means, notwithstanding any omission or error in the certificate of acknowledgment or failure of the record to show an acknowledgment in compliance with applicable law, upon the record being recorded with the county clerk of the county in which the real property is located or filed with the Secretary of State:
(a) The electronic record or paper printout of an electronic record shall be deemed to be lawfully recorded or filed; and

Terms Used In Kentucky Statutes 423.435

  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

(b) All persons, including without limitation any creditor, encumbrancer, mortgagee, subsequent purchaser for valuable consideration, or any other subsequent transferee thereof or of any interest therein, are deemed to have notice of its contents.
(2) For the purposes of this section, a record is deemed to comply with all applicable requirements upon the recording by the county clerk of the county in which the real property is located or the filing of the record with the Secretary of State, as required by law.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 28, effective January 1, 2020.

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