We keep Marriage Records, Deeds, Mortgages, Liens, Leases, Veteran Discharges, Notaries Public, Fiscal Court Orders, County Orders, Cemetery plots, Plats, Powers of Attorney, Releases, and Wills (after probated through court). We do not keep death or birth records; you will have to contact the state to receive those.
Deeds are documents used when transferring ownership of property. All deeds require notarized signatures of the grantor(s) and grantee(s) involved in the transfer of ownership. The grantor is the seller of the property and the grantee is the buyer.
Deeds must be filed in the county where the property is located the and must include the following:
Deeds that must be corrected require a separate a Deed of Correction to be filed. (See below.)
There are taxes and fees associated with the transfer of deeds. To comply with KRS 142.050, a transfer tax is collected from the grantor (seller) and is calculated based on the purchase price of the property at a rate of $0.50 per $500.00, $1.00 per $1,000.00. Any tax exceptions concerning deeds are listed in KRS 142.50(7). The filing fee, paid in addition to the transfer tax, is currently $50.00. If the document exceeds five pages, there is an additional $3.00 per page fee.
If a property is transferred as a gift or with little or no consideration (payment), a sworn, notarized certificate is required stating that the transfer is a gift and providing the estimated fair cash value of the property. The certificate must contain the signatures of the grantor or the grantor's agent, the grantee or the grantee's agent. If the grantor or grantee is under 18 years of age, the signature of a parent/guardian is required.
If there is an error in a previously filed deed or title, a separate deed of correction must be filed. Deeds of correction do not transfer or otherwise alter property ownership. The grantor and grantee listed on the original deed must be the same on the Deed of Correction and no other parties can be added or changed. This document is used solely to correct errors or defects in the original deed.
The deed of correction must include the following:
As with the original Deed, a Deed of Correction must be filed in the county where the property is located. A filing fee of $46.00 will be charged. If the Deed of Correction exceeds five pages, an additional of $3.00 per page is will be charged.
Mortgages (Indentures of Trust) must be filed in the county where the property is located. The filing fee for mortgages is $80.00 for thirty pages. A charge of $3.00 per page for each page over thirty will apply. If mortgage is a MERS (Mortgage Electronic Registrations Systems Inc.) the fee is $126.00 for thirty pages. A charge of $3.00 per page for each page over thirty will apply.
Mortgages must include the following:
If there are errors in the original document, mortgages can only be corrected by filing a new mortgage.
Plats are maps of land drawn up by surveyors that can be filed with the county clerk's office. The filing fee for plats is $50.00.
Plats must include the following:
An Affidavit of Descent creates a source of title for a grantor who has inherited land from someone who dies without leaving a will.
State law requires that the affidavit includes the following:
The filing fee for Affidavits of Descent is $50.00 for five pages with an additional $3.00 fee per page for additional pages.
When acting as an agent on someone's behalf to convey or release property, proof of legal right to do so must be filed with the clerk's office in the form of a power of attorney document.
This document must include:
The Power of Attorney document must be filed at the same time that the signature of the agent is used on a deed or mortgage, or must already be on file in the county where the property is located.
Once power of attorney has been established, the requirements for handling deeds is the same for the agent as it would be for the grantor, unless the power of attorney is specifically limited.
The filing fee for this document is $50.00 for the first five pages. A charge of $3.00 per page for additional pages will apply.
A release, which is also called a Deed of Release or a Satisfaction or Discharge of Mortgage, is needed in order to sell property and receive any deeds or titles to that property.
Releases require the following:
Filing fee: $46.00 for five pages with an additional charge of $3.00 per page for more than five.
Carter County Clerk
To view a list of fees associated with the processing of documents, please click the link below.