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Kentucky · TitleKentucky lis pendens: the memorandum filed with the county clerk

A Kentucky action or other proceeding – in a state court or a federal district court – that affects or involves title to, possession or use of, or a lien, tax, assessment or charge on real property doesn't affect a later purchaser, lessee or encumbrancer for value without notice until a memorandum is filed with the clerk of the county where the property, or most of it, lies. The memorandum gives the case number and style and the court, the name of the person whose interest is affected and a description of the property in that county. Any party in interest may file it; it reaches only the persons and property it names, a new notice is needed if an amendment changes the property description or extends the claim, and tracts in different counties need a separate notice in each. Forcible entry and detainer actions are excluded (KRS 382.440).

What the statute sets

  1. Effect (KRS 382.440(1))

    Binds later buyers, lessees and lenders for value only from filing with the county clerk.

  2. Contents

    Case number and style, court, the affected owner and the property description.

  3. Scope (382.440(2))

    Only the named persons and described property; new notice after an amendment.

  4. Several counties (382.440(3))

    A separate notice in each county.

What the TC does when a lis pendens shows on title

  • Send the case number and court from the memorandum to the seller's attorney and the title company.
  • Ask what the title company needs to close – a release, a dismissal or an order.
  • Check that the memorandum names this seller and describes this property.

Questions about Kentucky lis pendens

When does a Kentucky lawsuit bind a buyer of the property?

A buyer, lessee or lender for value without notice is affected only from the time a memorandum of the action is filed with the clerk of the county where the property lies (KRS 382.440(1)).

Does a Kentucky lis pendens cover other owners or parcels?

No. It extends only to the persons designated and the property described in it; a changed description needs a new notice (KRS 382.440(2)).

Related guides

Track the lis pendens release as a task on the deal in ClosingCode.

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Source: KRS 382.440 (apps.legislature.ky.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.