Breathitt County Deed of Release for release of Mortgage Form (Kentucky)

The following Kentucky and Breathitt County supplemental forms are included as a courtesy with your order:

When using these Deed of Release for release of Mortgage forms, the subject real estate must be physically located in Breathitt County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Breathitt County include:

• Athol
• Bays
• Clayhole
• Jackson
• Lost Creek
• Rousseau
• Vancleve
• Whick

"Deed of Release" often known as a "Satisfaction of Mortgage" in other states, is used to cancel, release and discharge a mortgage instrument.
In this form the releasor acknowledges satisfaction and in consideration thereof, does hereby cancel and fully discharge in whole said Mortgage.

A deed of release is a recorded document that generally has to be filed within 30 days of mortgage satisfaction to avoid damages. This form (shall be executed as deeds are executed and shall be as effectual for the purposes therein expressed.) (KRS 382.020 Deeds of release.)

382.360 Discharge of liens by deed or mortgage -- Assignment of mortgage -- Effect. (Effective until January 1, 2020)
(1) Liens by deed or mortgage may be discharged by an entry acknowledging their satisfaction on the margin of the record thereof, or in the alternative, at the option of the county clerk, in a marginal entry record, signed by the person entitled thereto, or his or her personal representative or agent, and attested by the clerk, or may be discharged by a separate deed of release, which shall recite the date of the instrument and deed book and the page wherein it is recorded. Such release in the case of a mortgage or deed of trust shall have the effect to reinstate the title in the mortgagor or grantor or person entitled thereto. Each entry in the marginal entry record shall be linked to its respective referenced instrument in the indexing system for the referenced instruments.
(2) If a lien or mortgage is released by a deed of release, the clerk shall immediately, at the option of the clerk, either link the release and its filing location to its respective referenced instrument in the indexing system for the referenced instrument, or endorse on the margin of the record wherein the lien is retained "Released by deed of release (stating whether in whole or in part) lodged for record (giving date, deed book and page wherein such deed of release may be found)" and the clerk shall also attest such certificate. The clerk shall cause the original deed of release to be delivered to the mortgagor or grantor or person entitled thereto.
(3) When a mortgage is assigned to another person, the assignee shall file the assignment for recording with the county clerk within thirty (30) days of the assignment and the county clerk shall attest the assignment and shall note the assignment in the blank space, or in a marginal entry record, beside a listing of the book and page of the document being assigned. Provided, however, that an assignee that reassigns the note prior to the thirtieth day after first acquiring the assignment may request that the subsequent assignee file the unfiled assignment with the new reassignment.
(4) Delivering an assignment to the assignee or a lien release to the mortgagor shall not substitute for filing the assignment or release with the county clerk, as required by this section.
(5) Notwithstanding the provisions of this section, nothing in this chapter shall require the legal holder of any note secured by lien in any deed or mortgage to file a release of any mortgage when the mortgage securing such paid note also secures a note or other obligation which remains unpaid.
(6) Failure of an assignee to record a mortgage assignment shall not affect the validity or perfection, or invalidity or lack of perfection, of a mortgage lien under applicable law.

Formatted to meet Kentucky recording standards for documents that encumber title to real property. The preparer of the instrument must endorse/sign, print name, address. (see KRS 382.335 (1)). return mail address (See KRS 382.335 & KRS 382.240)

(Kentucky Deed of Release Package includes form, guidelines, and completed example)

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The documents you receive here will meet, or exceed, the Breathitt County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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