Senate Bill 148

Actions | Amendments
Last Action signed by Governor (Acts, ch. 65)
Title AN ACT relating to recording requirements for mortgages and deeds with retained liens.
Bill Documents Bill
Bill Request Number 1141
Sponsors W. Westerfield, A. Robinson
Summary of Original Version Amend KRS 382.290 to prevent county clerks or their deputies from recording mortgages or deeds with liens retained therein unless either document explicitly refers to the next immediate source of title for which the mortgagee or grantee derived title to the property or the interest encumbered therein; amend KRS 382.297 to prohibit certain acts in amending a mortgage.
Index Headings of Original Version County Clerks - Recording of mortgages and deeds with liens retained therein, requirements for
Deeds and Conveyances - Recording of mortgages and deeds with liens retained therein, requirements for
Liens - Recording of mortgages and deeds with liens retained therein, requirements for
Property - Recording of mortgages and deeds with liens retained therein, requirements for
Public Records and Reports - Recording of mortgages and deeds with liens retained therein, requirements for
Real Estate - Recording of mortgages and deeds with liens retained therein, requirements for
Archives and Records - Recording of mortgages and deeds with liens retained therein, requirements for
Civil Procedure - Recording of mortgages and deeds with liens retained therein, requirements for
Counties - Recording of mortgages and deeds with liens retained therein, requirements for
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
Votes Vote History

Actions

Top | Amendments
02/10/15
  • introduced in Senate
02/12/15
  • to Judiciary (H)
02/26/15
  • taken from Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
02/27/15
  • taken from Judiciary (S)
  • 2nd reading
  • returned to Judiciary (S)
03/02/15
  • reassigned to Economic Development, Tourism & Labor (S)
  • reported favorably, to Rules
  • posted for passage in the Regular Orders of the Day for Monday, March 2, 2015
  • 3rd reading, passed 36-0
03/03/15
  • received in House
03/04/15
  • to Judiciary (H)
03/09/15
  • taken from Judiciary (H)
  • 1st reading
  • returned to Judiciary (H)
  • posting waived
03/10/15
  • reported favorably, 2nd reading, to Rules with Committee Substitute as a Consent Bill
  • floor amendments (1) and (2-title) filed
  • posted for passage in the Consent Orders of the Day for Wednesday, March 11, 2015
03/11/15
  • taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
  • 3rd reading, passed 98-0 with Committee Substitute
  • received in Senate
  • to Rules (S)
  • posted for passage for concurrence in House Committee Substitute
  • Senate concurred in House Committee Substitute
  • Bill passed 36-0
  • enrolled, signed by each presiding officer
  • delivered to Governor
03/23/15
  • signed by Governor (Acts, ch. 65)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Retain original provisions, except condition the recording of any mortgage or deed in which liens are retained on specifying and referring to the next immediate source from the which the grantor or mortgagor derived title to the property or the interest encumbered therein.
Index Headings County Clerks - Recording of mortgages and deeds with liens retained therein, requirements for
Deeds and Conveyances - Recording of mortgages and deeds with liens retained therein, requirements for
Liens - Recording of mortgages and deeds with liens retained therein, requirements for
Property - Recording of mortgages and deeds with liens retained therein, requirements for
Public Records and Reports - Recording of mortgages and deeds with liens retained therein, requirements for
Real Estate - Recording of mortgages and deeds with liens retained therein, requirements for
Archives and Records - Recording of mortgages and deeds with liens retained therein, requirements for
Civil Procedure - Recording of mortgages and deeds with liens retained therein, requirements for
Counties - Recording of mortgages and deeds with liens retained therein, requirements for

Amendment House Floor Amendment 1
Piggyback? Yes
Sponsor T. Thompson
Summary Amend the requirement that the commissioner of the Department of Financial Institutions may by rule or order require the filing of an application, report, renewal, or approval request and the applicable fees with the State Regulatory Registry, LLC and delete alternative filing with specified organizations; make conforming amendments; amend provisions of KRS 286.8 relating to registration and licensing of persons engaged in mortgage lending to delete the requirement for registration of mortgage loan processors who are directed and supervised by a mortgage loan originator, but retain registration requirements for mortgage loan processors who engage in the mortgage lending process as an independent contractor and require registration of underwriters who engage in the mortgage lending process as an independent contractor; amend KRS 286.8-034 to delete the requirement that the commissioner provide a duplicate copy of a license to a licensee for a fee of $10; create a new section of KRS 286.8 to prohibit a mortgage loan processor or underwriter from indicating that he or she can or will perform any activities of a mortgage loan originator or underwriter if he or she is not registered or authorized to act as a mortgage loan originator; amend KRS 286.8-250 to delete the requirement that a mortgage loan broker prominently display the license certificate at his or her physical location; amend KRS 286.8-255 to delete the requirement that the commissioner provide a duplicate copy of a registration to a registrant for a fee of $10; amend KRS 286.8-260 to reduce from 4 hours to 1 hour per year the required number of hours of continuing education for registrants on the requirements of KRS 286.8 and of KRS 360.100 relating to the state's legal interest rate; amend KRS 286.8-255 to require mortgage loan originators to grant access to any records of which the originator has actual or constructive possession or control, rather than possession or control, to the commissioner or the commissioner's examiner; Sections 2 and 3 of this Act effective date of July 1, 2016.
Index Headings County Clerks - Recording of mortgages and deeds with liens retained therein, requirements for
Deeds and Conveyances - Recording of mortgages and deeds with liens retained therein, requirements for
Liens - Recording of mortgages and deeds with liens retained therein, requirements for
Property - Recording of mortgages and deeds with liens retained therein, requirements for
Public Records and Reports - Recording of mortgages and deeds with liens retained therein, requirements for
Real Estate - Recording of mortgages and deeds with liens retained therein, requirements for
Archives and Records - Recording of mortgages and deeds with liens retained therein, requirements for
Civil Procedure - Recording of mortgages and deeds with liens retained therein, requirements for
Counties - Recording of mortgages and deeds with liens retained therein, requirements for

Amendment House Floor Amendment 2
Sponsor T. Thompson
Summary Make title amendment.
Index Headings County Clerks - Recording of mortgages and deeds with liens retained therein, requirements for
Deeds and Conveyances - Recording of mortgages and deeds with liens retained therein, requirements for
Liens - Recording of mortgages and deeds with liens retained therein, requirements for
Property - Recording of mortgages and deeds with liens retained therein, requirements for
Public Records and Reports - Recording of mortgages and deeds with liens retained therein, requirements for
Real Estate - Recording of mortgages and deeds with liens retained therein, requirements for
Archives and Records - Recording of mortgages and deeds with liens retained therein, requirements for
Civil Procedure - Recording of mortgages and deeds with liens retained therein, requirements for
Counties - Recording of mortgages and deeds with liens retained therein, requirements for

Last updated: 1/16/2019 3:10 PM (EST)