Mortgage Modification/Extension or Mortgage Amendment
The document must have:
- First party (mortgagor, borrower) (KRS 382.200)
- Second party (mortgagee, lender) and their mailing address (KRS 382.335 & KRS 382.430, 382.200)
- State the book and page of the original mortgage. (KRS 382.290 & KRS 385.385(4))
- Description of the modification (example: decrease in the mortgage amount or changing the maturity date) KRS 382.385(4) & KRS 413.100 – THESE ARE THE ONLY TWO ITEMS THAT CAN OCCUR IN A MORTGAGE AMENDMENT, MODIFICATION OR EXTENSION.
- Preparation statement (KRS 382.335)
The clerk shall request a return mail address (KRS 382.240)
The borrower (mortgagor) must sign the document. (OAG 94-32) The signatures must be notarized (acknowledged) (KRS 382.130). The document must be filed in the county clerk’s office of the county where the property is located (or the greater part). KRS 382.110.
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).
Revolving credit accounts do not require a maturity date. (KRS 382.330)
Excerpts from OAG 94.32
Assuming that a given extension of a mortgage meets general requirements for recordation of a mortgage (see, for example, KRS 382.270 and 382.330), an extension of a mortgage may be recorded on the same basis as a mortgage.
There is no statutory reference to a “Mortgage Modification”. The statutes refer to a Mortgage Amendment (KRS 382.385(4)) and it only allows one type change – that is to reduce or decrease the maximum amount of credit specified in the mortgage. Additionally a mortgage maturity date can be extended (KRS 413.100 and OAG 94.32).
Any other change to a mortgage must be accomplished by filing a mortgage. This is not a document to correct or fix problems.
Boyd County Clerk
Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129
Phone: (606) 739-5116
Email: [email protected]
Cedar Knoll Mall
Phone: (606) 929-9595
335 16th Street
Ashland, Ky. 41101
Phone: (606) 325-3547