What did Kentucky county clerks charge to record and release a property-backed bail bond in 1997?

Plain-English summary

In 1997, Kentucky's Attorney General set the total charge for recording and releasing the real-estate bail bond described in the opinion at $21. The amount combined $8 to record the bond, $1 to mail it, $3 in legal process tax, $8 to file the release, and $1 to mail the release.

The opinion modified OAG 97-3, which had stated a higher total that included a charge for noting the release in the margin. The county clerks' association had stopped those notations, and the AG treated the bail bond as a real-estate mortgage for the recording fee, following OAG 76-354.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

County clerks and bond filers

The AG said the bond should be charged like a real-estate mortgage under the then-current fee schedule in KRS 64.012. It included postage for returning the recorded bond and later release, relying on KRS 382.240's delivery requirement. The total covered both the initial recording and the later release, not just the first filing step.

Why the earlier amount changed

OAG 97-3 had allowed a marginal release notation charge. The opinion reported that clerks had elected to discontinue those notations under KRS 382.290(4) and KRS 382.470. Removing that charge and applying the mortgage recording fee yielded the new $21 total. OAG 97-32 modified OAG 97-3 to the extent its amount differed.

Common questions

Was $21 only the charge to file the bond initially?

No. The AG's total included filing the later release and mailing both recorded instruments.

Why did OAG 97-3 give a different amount?

The new opinion said clerks no longer used marginal release notations, so the associated charge had to be removed. It also clarified the classification of the bond as a real-estate mortgage for fee purposes.

What components made up the $21 total?

The opinion listed $8 for bond recording, $1 for postage, $3 legal process tax, $8 for filing the release, and $1 for mailing the release.

Background and statutory framework

County clerks Katherine Mercer and Donald Blevins sought clarification after OAG 97-3. The AG relied on OAG 76-354's mortgage classification, the fee schedule in KRS 64.012, the mailing rule in KRS 382.240, and the authorization to stop marginal notations in KRS 382.290(4) and KRS 382.470. The source uses different subsection labels for the legal process tax in its narrative and concluding table; this page does not resolve that internal discrepancy.

Citations and references

• KRS 64.012: recording and release fees.
• KRS 382.240: return of recorded instruments.
• KRS 382.290(4) and KRS 382.470: discontinuation of marginal notations as described by the opinion.
• KRS 142.010: legal process tax referenced by the opinion, with inconsistent subsection labels in its text.
• OAG 97-3: earlier amount modified here; OAG 76-354: mortgage classification retained here.

Source

• Landing page: https://kdla.access.preservica.com/uncategorized/IO_994e4e98-cbef-4463-94f0-f496c20ff141/
• Original PDF: https://kdla.access.preservica.com/download/file/IO_994e4e98-cbef-4463-94f0-f496c20ff141

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

OAG 97-32

September 11, 1997

Subject: Clarification of OAG 97-3, filing fee of bail bonds Written by: Douglas Scott Porter Requested by: Katherine Mercer, Meade County Court Clerk

and Donald Blevins, Fayette County Court Clerk Syllabus: The filing fee of a bail bond is $21.00.

Statutes construed: KRS 64.010 (repealed), KRS 64.012, KRS 142.010(c), KRS 382.240, KRS 382.290(4), KRS 382.470, KRS 431.535, and KRS 431.536.

OAGs cited: OAG 97-3 (m); OAG 76-354 (f)

Opinion of the Attorney General

Since the publishing of OAG 97-3, several questions have been raised, and new information has been provided this office concerning actions permitted under KRS 382.290(4) and KRS 382.470. This opinion is being issued to resolve questions concerning the filing fee for a bail bond.

OAG 97-32
Page 2

Legal Analysis

The original conclusion of OAG 97-3 was that the total fee for fil- ing and releasing a bail bond was either $27.00 or $30.00, depending on the $3.00 noting of the marginal release (pursuant to KRS 431.536). Subsequent to the issuing of this opinion, the chairperson of the recording committee of the county clerks’ association contacted and informed this Office that the association has opted to discontinue the marginal notations in order to preserve the record after the microfilm- ing process. This option is allowed pursuant to KRS 382.290(4) and KRS 382.470. Accordingly, the filing fee proposed in OAG 97-3 will need to be adjusted by discounting this notation fee.

The second concern that needs to be clarified, which also affects the fee amount, is whether the clerk is filing a miscellaneous real es- tate encumbrance or a “lien.” The classification of each results in a different fee. The origins of this question date back to 1976 when KRS 431.535 was created. At that time, the fee schedule was set forth in KRS 64.010. This has since been repealed and recodified in the body of the current fee schedule, KRS 64.012.

In June of 1976, Jefferson County Clerk, Bremer Ehrler, requested an opinion concerning the fee for recording a bail bond. Although the fee schedule at that time has been repealed and recodified in the form of KRS 64.012, and those fees have been changed numerous times since 1976, the logic and reasoning of OAG 76-354 still holds. OAG 76- 354 stated that the recording of a “real estate mortgage” governs this situation, and that the fee for recording a real estate mortgage clearly includes the subject bail bond and real estate schedule instruments as aforesaid. Despite the different monetary amounts contained in KRS 64.012, there is no reason to withdraw this holding. As set forth in KRS 64.012, the fee for recording a real estate mortgage is $8.00.

Pursuant to KRS 142.010(1)(c), the county clerk is entitled to charge a tax of $3.00 on each mortgage, financing statement, or secu- rity agreement. As discussed in OAG 97-3, it is also necessary to charge for postage and copying because KRS 382.240 mandates that each instrument recorded by the county clerk be delivered to the party

OAG 97-32
Page 3

entitled thereto. OAG 97-3, in reliance upon OAG 87-80 and OAG 84-91, opined that $1.00 for the cost of stamps, envelopes, and labor related to returning the documents is a reasonable fee and should be added to the charge of processing a bail bond.

The last issue to be discussed is the charge of filing a release. As discussed above, the clerks’ association has opted to no longer assess the $3.00 charge for noting the release in the margin. Pursuant to KRS 64.012, the charge for filing a release is $8.00. The clerk is also re- quired to mail the release just as the clerk is required to mail the recorded bond, so a $1.00 charge again follows.

Conclusion

In reliance upon OAG 76-354, it is still the opinion of the Attorney General, that the miscellaneous encumbrance being recorded in the form of a bail bond should be treated and charged as a clerk would the recording of a mortgage of real estate. The total cost is follows:

$8.00 Bond filing, KRS 64.012

1.00 Postage, KRS 382.240

3.00 Legal Process Tax, KRS 142.010(b)

8.00 Filing a release, KRS 64.012

1.00 Postage for mailing release, KRS 382.240
$21.00 Total Filing Fee

Where the conclusion of OAG 97-3 is inconsistent with that amount contained herein, it is modified accordingly. It is therefore the opinion of the Attorney General that the filing fee for recording a bail bond is $21.00.

A. B. Chandler III

Attorney General

Douglas Scott Porter
Assistant Attorney General

OAG 97-32
Page 4