04RS HB291


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HB 291/LM (BR 120) - C. Geveden

     AN ACT relating to real property.
     Create a new section of KRS Chapter 382 to allow owners of real estate, persons with an interest in real estate, attorneys, or persons with knowledge of facts to file an affidavit in the county clerk's office stating facts relating to title to real estate; establish requirements for the affidavit; provide for the filing, recording, and indexing the affidavit; create a rebuttable presumption that the facts stated therein are true.


     HCS/LM - Retain original provisions of the bill, except change all references of "real estate" to "real property"; require that the facts stated in the affidavit must relate to a previously recorded deed, mortgage, or other instrument; change certain persons who may file the affidavit, deleting persons with knowledge of facts, and changing attorney to attorney who represents the owner of the real property or a person who has an interest in the real property; require the current mailing address of the owner of the real property to be included in the affidavit; require the affidavit to be recorded and indexed in the name of the person who has an interest in the real property instead of the name of the affiant; delete provision that the affidavit raises a rebuttable presumption; include provision for rerecording an existing deed, mortgage, or other instrument; and require the county clerk to send a copy of the affidavit to the record owner of the real property and require the affiant to pay a $10 fee.

     Jan 14-introduced in House
     Jan 15-to Judiciary (H)
     Jan 21-posted in committee
     Feb 18-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 19-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 20, 2004
     Mar 4-3rd reading, passed 78-10 with Committee Substitute
     Mar 5-received in Senate
     Mar 10-to Judiciary (S)

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