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Kentucky Lis Pendens Overview

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Select County Where the Property is Located

A Kentucky Lis Pendens becomes constructive notice when it is filed with the county recorder where the property is located (shall in any manner affect the right, title or interest of any subsequent purchaser, lessee, or encumbrancer of such real property, or interest for value and without notice thereof, except from the time there is filed, in the office of the county clerk of the county in which such real property or the greater part thereof lies, a memorandum stating (KRS 382.440(1)).

A separate Lis Pendens document should be filed in each county where the property is located. (Where the real property so affected consists of tracts lying in different counties, a separate notice shall be filed in each county as to the tract lying in that count KRS 382.440(3))

Contents of a Lis Pendens:
1. The Lis Pendens (style of action) contains the case number and court of pending case (The number of the action, if it is numbered, and the style of such action or proceeding and the court in which it is commenced, or is pending (KRS 382.440(1)(a))

2. Names of parties initiating the Lis Pendens (plaintiffs) (KRS 382.440 & 382.335)

3. Names of parties that claim is filed against (defendants) (KRS 382.440)

4. The names of parties who will be affected (The name of the person whose right, title, interest in, or claim to, real property is involved or affected; and (KRS 382.440(1)(b))

5. Legal Description of said property (KRS 382.440(1)(c)

Who may file a Lis Pendens? (Any party of interest) may file a Lis Pendens. KRS 382.440 (2)

The document must contain a preparation statement. (the instrument has endorsed on it, a printed, typewritten, or stamped statement showing the name and address of the individual who prepared the instrument, and the statement is signed by the individual (KRS 382.335(1)).

(Kentucky LP Package includes form, guidelines, and completed example)

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