Kentucky Statutes 65.032 – Online portal for electronic filing of recorded instruments — Timeline
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(1) As used in this section:
(a) “Recorded instrument” means any document relating to real property, personal property, and any property for which a Kentucky certificate of title has been issued, including but not limited to deeds and mortgages; and
(b) “Portal” means a website or online database that:
1. Is readily accessible by the public to provide remote online access to recorded instruments;
2. Has a network security device that monitors incoming and outgoing network traffic and determines whether to allow or block specific traffic based on a defined set of security rules; and
3. Has a system which provides for backup copies of recorded instruments to be securely stored.
(2) By January 1, 2024, all county clerks shall provide and maintain the portal that allows a person to electronically file any recorded instrument.
(3) (a) By June 30, 2024, each county clerk shall provide and maintain a portal that contains the following recorded instruments:
1. Filed on or after June 30, 1994:
a. Deeds;
b. Mortgages;
c. Fixture filings under the Uniform Commercial Code:
d. Plats of subdivided property;
e. All covenants, conditions, and restrictions that relate to real property;
f. Easements;
g. Leases or memorandum of leases;
h. Powers of attorney;
i. Land contracts;
j. Wills; and
k. Affidavits that affect or clarify the title to property;
2. Filed on or after June 30, 2004, child support liens;
3. Filed on or after June 30, 2009:
a. Judgment liens;
b. Recoupment and unemployment liens; and c. Lis pendens notices;
4. Filed on or after June 30, 2014:
a. Federal and state tax liens; and b. Civil penalty liens; and
5. Filed on or after June 30, 2019:
a. Homeowner’s association or condominium liens; and
b. Bail bonds.
(b) By June 30, 2026, each county clerk shall provide and maintain a portal that contains the following recorded instruments filed on or after June 30, 1966, but before June 30, 1994:
1. Deeds;
2. Mortgages;
3. Fixture filings under the Uniform Commercial Code:
4. Plats of subdivided property;
5. All covenants, conditions, and restrictions that relate to real property;
6. Easements;
7. Leases or memorandum of leases;
8. Powers of attorney;
9. Land contracts;
10. Wills; and
11. Affidavits that affect or clarify the title to property.
(4) (a) Any fee charged by the county clerk for access to electronic copies of recorded instruments shall not exceed the actual cost of providing and maintaining the portal.
(b) If a county clerk contracts with an outside vendor to provide and maintain a portal required under this section, actual costs may include:
1. Development and maintenance of a portal that provides access to recorded instruments;
2. Personnel costs for companies that employ staff to support county clerks;
3. Maintenance of cybersecurity credentials; and
4. Insurance premiums.
(5) A county clerk may redact Social Security numbers from electronic copies of recorded instruments and other personal information from recorded instruments upon request from a law enforcement agency or judicial officer.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 177, sec. 2, effective June 29, 2023. — Created
2022 Ky. Acts ch. 26, sec. 1, effective July 14, 2022.
Legislative Research Commission Note (7/14/2022). This statute was created in 2022
Ky. Acts ch. 26, sec. 1, as a new section of KRS Chapter 67, but has instead been codified in KRS Chapter 65 under the authority of KRS § 7.136. The words in the text were not changed.
(a) “Recorded instrument” means any document relating to real property, personal property, and any property for which a Kentucky certificate of title has been issued, including but not limited to deeds and mortgages; and
Terms Used In Kentucky Statutes 65.032
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Personal property: All property that is not real property.
- 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
- Statute: A law passed by a legislature.
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(b) “Portal” means a website or online database that:
1. Is readily accessible by the public to provide remote online access to recorded instruments;
2. Has a network security device that monitors incoming and outgoing network traffic and determines whether to allow or block specific traffic based on a defined set of security rules; and
3. Has a system which provides for backup copies of recorded instruments to be securely stored.
(2) By January 1, 2024, all county clerks shall provide and maintain the portal that allows a person to electronically file any recorded instrument.
(3) (a) By June 30, 2024, each county clerk shall provide and maintain a portal that contains the following recorded instruments:
1. Filed on or after June 30, 1994:
a. Deeds;
b. Mortgages;
c. Fixture filings under the Uniform Commercial Code:
d. Plats of subdivided property;
e. All covenants, conditions, and restrictions that relate to real property;
f. Easements;
g. Leases or memorandum of leases;
h. Powers of attorney;
i. Land contracts;
j. Wills; and
k. Affidavits that affect or clarify the title to property;
2. Filed on or after June 30, 2004, child support liens;
3. Filed on or after June 30, 2009:
a. Judgment liens;
b. Recoupment and unemployment liens; and c. Lis pendens notices;
4. Filed on or after June 30, 2014:
a. Federal and state tax liens; and b. Civil penalty liens; and
5. Filed on or after June 30, 2019:
a. Homeowner’s association or condominium liens; and
b. Bail bonds.
(b) By June 30, 2026, each county clerk shall provide and maintain a portal that contains the following recorded instruments filed on or after June 30, 1966, but before June 30, 1994:
1. Deeds;
2. Mortgages;
3. Fixture filings under the Uniform Commercial Code:
4. Plats of subdivided property;
5. All covenants, conditions, and restrictions that relate to real property;
6. Easements;
7. Leases or memorandum of leases;
8. Powers of attorney;
9. Land contracts;
10. Wills; and
11. Affidavits that affect or clarify the title to property.
(4) (a) Any fee charged by the county clerk for access to electronic copies of recorded instruments shall not exceed the actual cost of providing and maintaining the portal.
(b) If a county clerk contracts with an outside vendor to provide and maintain a portal required under this section, actual costs may include:
1. Development and maintenance of a portal that provides access to recorded instruments;
2. Personnel costs for companies that employ staff to support county clerks;
3. Maintenance of cybersecurity credentials; and
4. Insurance premiums.
(5) A county clerk may redact Social Security numbers from electronic copies of recorded instruments and other personal information from recorded instruments upon request from a law enforcement agency or judicial officer.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 177, sec. 2, effective June 29, 2023. — Created
2022 Ky. Acts ch. 26, sec. 1, effective July 14, 2022.
Legislative Research Commission Note (7/14/2022). This statute was created in 2022
Ky. Acts ch. 26, sec. 1, as a new section of KRS Chapter 67, but has instead been codified in KRS Chapter 65 under the authority of KRS § 7.136. The words in the text were not changed.