Request By:
Ms. Nancy Reynolds
Sr. Account Clerk
GECC Financial Services
999 Eastern Boulevard
Clarksville, Indiana 47130
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You represent the General Electric Credit Corporation in Clarksville, Indiana.
You first ask this question:
"Aren't all county clerks of Kentucky supposed to charge one uniform fee for release of real estate mortgages? "
The answer is "yes". The county clerks can only charge a fee authorized under a uniform or general statute. See KRS 64.410. The clerks cannot vary that fee. It has to be precisely the fee authorized under the statute.
Question No. 2:
"What is the correct fee for recording a deed of release of a real estate mortgage? "
Under KRS 64.012, as amended in the 1980 regular session, the correct fee for recording a deed of release of a mortgage is $5.00 for each such instrument. The statute makes no special provisions for a single deed of release containing more than one mortgage reference. Such a provision would require additional legislation. KRS 382.360(2) requires that if a lien or mortgage is released by deed of release, the clerk shall immediately indorse on the margin of the record wherein the lien is retained "Released by deed of release (whether in whole or in part shall be stated) lodged for record (giving date, deed book and page wherein such deed of release may be found)" and the clerk shall so attest. The $5.00 fee for recording the deed of release includes one marginal notation made pursuant to KRS 382.360(2), as mentioned above. Then for each additional marginal notation relating to the deed of release the fee is $1.50. Thus where one deed of release is lodged for record, but which releases two different mortgages, the total fee is $6.50. Your tendered release fee check to the clerk for $6.50 was correct.
KRS 64.410(2)(a) provides that no officer shall demand a greater fee for his services than is allowed by law. Webster County v. Nance, Ky., 362 S.W.2d 723 (1962).