Since the passage of House Bill 422 (“HB 422”) in the 2016 General Assembly, the Fayette County Clerk, members of the Kentucky Banker’s Association (KBA) and members of the Kentucky Land Title Association (KYLTA) have received numerous inquiries from lenders, practitioners, and other county clerks regarding the meaning and requirements of the “full name” provision enacted in the amendments to KRS 382.135.
HB 422, largely an act relating to code enforcement that will go into effect on July 15, also amends the deed recording provisions of KRS 382.135. Specifically, it adds to KRS 382.135 a requirement that every deed to real property shall contain “the full name of the grantor and grantee.” However, the statute does not define “full name,” nor does any other section of the Kentucky Revised Statutes.
The KYLTA, KBA and Fayette County Clerk strongly believe that there should be uniformity throughout the Commonwealth in how to comply with the new provision. On June 20, the three organizations submitted a letter to the Kentucky Office of the Attorney General requesting an opinion. Pending corrective legislation from the General Assembly, the Attorney General’s opinion can provide clarity and uniformity in the interpretation of “full name” by county clerks across the Commonwealth and prevent considerable confusion and uncertainty for county clerks, practitioners, lenders and the public at large.