Marginal Releases – Using an In-House Form

KRS 382.360 provides the clerk with the option of using a marginal entry record for releasing mortgages. This form can be used in place of the marginal entry, but caution needs to be used when releasing a mortgage in this manner.

The statute states that the person entitled to release the lien or their personal representative and attested by the clerk must sign the record. This means that the person releasing the mortgage must be the legal holder of the mortgage and that it must be signed in front of the deputy or the clerk. The person releasing the mortgage should show identification. The release also must state the date and the book and page of the original filing.

It is the recommendation of the Kentucky County Clerks Association to avoid releasing or assigning documents in the margin of a book even though the statutes still provide for this method. (Books that have information that changes cannot be microfilmed.) An alternative to this process is to use an in-house form.

IMPORTANT NOTE: Per KRS 382.290(6) No holder of a note secured by lien retained in either deed or mortgage shall lodge for record, and no clerk or deputy clerk shall receive and permit to be lodged for record, any deed or instrument of writing that does not comply with the provisions of this section. Meaning a release shall not be lodged with the clerk or deputy clerk without first verifying the release is from the legal holder, and the book and page of the document to be released, is the correct document. See Penalties sections KRS 382.990.

Debbie Jones
Boyd County Clerk

Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129

Phone: (606) 739-5116
Fax:
Email: debbiejones@zoominternet.net

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Phone: (606) 929-9595

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Ashland, Ky. 41101
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