Affidavit of Mortgage Amendment
Chapter 382 – new section to be named (SB 45, Section 7)
A recorded mortgage may be amended by an affidavit of amendment prepared by an attorney to correct clerical errors or omitted information. An amendment may not change any term, dollar amount, or interest rate in the mortgage, unless signed by the mortgagor and secured party. The attorney preparing the affidavit shall certify in the affidavit that notice of filing the amendment has been given to the mortgagor by mailing a copy of the amendment to the mortgagor at the address shown on the original mortgage. A subsequent release of the mortgage releases any amendments to the original mortgage.
The document requires:
- Document must be prepared by an attorney
- First party (mortgagor, borrower) (KRS 382.200)
- Second party (mortgagee, lender) and their mailing address (KRS 382.335 & KRS 382.430, 382.200)
- Book and Page of the recorded mortgage
- Statement by the attorney preparing the affidavit that certifies in the affidavit that notice of filing the amendment has been given to the mortgagor by mailing a copy of the amendment to the mortgagor at the address shown on the original mortgage – this statement must be signed
- Preparation statement (KRS 382.335)
The clerk shall request a return mail address (KRS 382.240)
Document must be: signed by the attorney that prepared the document and the signature must be notarized, and if the amended change affects any term, dollar amount, or interest rate in the mortgage the document must be signed by the mortgagor(s) and mortgagee(s) and the signature(s) acknowledged (notarized).
Indexing information: The document is filed in the mortgage book. The document is indexed in the general index to deeds and mortgages. The first party is the mortgagor (borrower) and the second party is the mortgagee (lender).
This document provides a method for recording corrections of clerical errors or omissions of information associated with a recorded original mortgage. It does not provide for changes due to subsequent circumstances. Changes, such as increasing the amount, or altering terms, changing the property being encumbered, etc must be addressed by preparing a new mortgage. This affidavit does not open the door in authorizing county clerk’s to accept any affidavit associated with a mortgage. It simply provides a method for correcting a mortgage that has been recorded.
If a recording requirement is involved in the omission obviously the preparer will need to prepare a new mortgage. An example is an addition of a name would require a new mortgage.
Boyd County Clerk
Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129
Phone: (606) 739-5116
Cedar Knoll Mall
Phone: (606) 929-9595
335 16th Street
Ashland, Ky. 41101
Phone: (606) 325-3547