KENTUCKY, KENTON COUNTY ORDER REQUIRES COMPLETE CHAIN OF TITLE AND OWNERSHIP TO FORECLOSE

COMMONWEALTH OF KENTUCKY


KENTON CIRCUIT COURT

GENERAL ORDER

Pursuant to CR 8.01(1) and CR 17.01, plaintiff in foreclosure complaints filed in Kenton County, Kentucky, must show that it is the holder of the note and mortgage at the time the complaint is filed. Effective with the foreclosure complaints filed November 15, 2010, and thereafter, the complaint at the time of the filing must be accompanied by all of the following:

(1) a copy of the promissory note with all endorsements;

(2) a copy of the recorded mortgage;

(3) an affidavit by the plaintiff, it’s representative, it’s attorney or it’s servicer (a) documenting that the named plaintiff is the owner of the note and mortgage at the time the complaint is filed, and (b) identifying plaintiff as either the original note and mortgage holder, or as an assignee, trustee or successor-in-interest of the original note and mortgage holder;

(4) a copy of all the assignments of the note and mortgage, if plaintiff is not the original mortgage holder, evidencing the complete chain of assignments. The assignment of the note and mortgage to the named plaintiff must be executed prior to the filing of the foreclosure complaint;

(5) documentation establishing plaintiff as a successor-in-interest if plaintiff is a successor-in-interest.

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