Page 21 - State Law Summary of Mechanic's Lien Law

Kentucky KY

What is the statutory authority?
Kentucky Revised Statutes, Chapter 376, §§ 376.010 – 376.260.
What is the Attachment Date of the Mechanic’s Lien?
A recorded mechanic’s liens attaches and has priority as of the date labor and
materials are furnished. KRS § 376.010 (1).

What constitutes visible commencement of construction?
The furnishing of labor or materials to the site of the project. See KRS § 376.010.

What is the priority of the insured construction mortgage/
deed of trust?
A mortgage has initial priority over any mechanic’s lien for work commenced prior
to the mortgage unless a lien is filed in the public records prior to the recording of
the mortgage. KRS § 376.010(2).

If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
Six (6) months after date of last furnishing of labor or materials. See KRS § 376.080.

What is the period of enforcement of a filed mechanic’s lien?
One (1) year from the date of filing of the lien. If the debtor against whose property
the lien is claimed dies before the expiration of time, a further period of six (6)
months from date the personal representative is appointed will be allowed. See
KRS § 376.090(1).

Is there a procedure to bond over the mechanic’s lien(s)?
Yes. The owner or any contractor or other person contracting with the owner or
claimant for furnishing of improvements or services or any subcontractor may file
a bond for double the amount of the lien claimed with good sureties approved by
the clerk. Upon execution of the bond, the lien is discharged. See KRS § 376.100.

Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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