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.
The three organizations submitted a letter to the Kentucky Office of the Attorney General requesting an opinion. The Office of the Attorney General issued the following opinion on July 15:
The requirement in KRS 382.135(1) of a “full name” in a deed requires a surname and a personal name, initials, or combination of those. If a person’s full name does not have a surname and some combination of a personal name and/or initials, such as in the case of a person who has only a single name, the person’s legal name will suffice. County clerks are not liable for erroneous or false uses of a full name in a deed.
HB 422, largely an act relating to code enforcement, goes into effect July 15 and 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.”