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How Do I Get a Copy of Deed for My Home for Kentucky
I am an NMLS-licensed MLO and branch manager and am licensed in multiple states. The state of Kentucky has a distance requirement for remote mortgage loan originators and branch managers from their residence to a brick-and-mortar location. In order for the Kentucky Department of Financial Institutions to grant me a home branch office approval, they are requiring to submit a lease from the homeowner. I live in Wisconsin, a community property state, and the house is owned by my wife and I am not on the mortgage with and I am not on the deed. Kentucky is requiring a copy of the deed in my name. What are solutions to satisfy this requirement? Could I provide a copy of the deed in my wife’s name and a copy of the marriage certificate? I called Chase Mortgage and was told I cannot get a copy of the deed for my wife because my wife has a mortgage. How can I go about to go about Kentucky requiring a copy of the deed? Where can my wife get a copy of the deed? Will a copy of the deed or note and a marriage certificate suffice?
To get my home address registered as a brick-and-mortar home branch office, does this rule need to be satisfied? Can you assist?
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2 Replies
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Yes. I reviewed the current Kentucky mortgage statutes, regulations, DFI guidance, and Wisconsin property-record rules. There is a practical way to handle this without putting your name on your wife’s mortgage and probably without adding your name to the deed.
The strongest solution
For Kentucky licensing purposes, I would not rely only on the marriage certificate and your wife’s deed. I would submit the recorded deed showing your wife as owner, plus a written home-office lease from your wife to the mortgage company for the portion of the residence being used as the licensed branch.
Kentucky’s current branch regulation is important here. 808 KAR 1:170 Section 5 does not require that the deed be in the branch manager’s name. It says a branch applicant must submit a “copy of the lease or deed for the branch.” If the branch is in a residence, the applicant must also submit Form ML-6. (Kentucky Legislature Apps)
Even more helpful, KRS 286.8-032 says that, when the physical location is a residence, proof of residence must establish that it is owned or leased by the mortgage loan broker, mortgage loan company, or its employees or owners, and that it is the main residence of one of those persons.
That language gives you a much cleaner path than trying to prove that Wisconsin marital-property law somehow puts your name on the deed.
What I would submit to Kentucky DFI
I would put together the following package:
- Recorded deed showing your wife as the owner. Get the deed directly from the Wisconsin county Register of Deeds where the property is located. Do not rely on Chase for this.
- Home Office Lease Agreement from your wife, as record owner/lessor, to your sponsoring mortgage company as lessee. Ideally, the lease should identify you as the employee/branch manager who will occupy the home office and identify the exact property address and the office area being used.
- Marriage certificate as supplemental evidence explaining why you reside at the property owned solely in your wife’s name.
- Proof that this is your principal residence, such as a driver’s license, utility statement, insurance declaration, or other documentation if DFI requests it.
- Kentucky Form ML-6, Disclosure of Location at a Residence. The current ML-6 requires the applicant to state that the office is located within a residential dwelling and that the location complies with local planning and zoning requirements; it also requires that local zoning approval be attached. (KFI)
- ML-7 Branch Authorization Form and the NMLS MU3 branch filing, which are part of Kentucky’s branch-registration process. (KFI)
- A short explanation letter stating that the property is your principal residence, that the title is held solely by your spouse, and that the record owner has leased the designated home-office space to the licensed mortgage company for the operation of the registered branch.
The lease is the key document. I would actually make the mortgage company the tenant rather than simply having your wife lease the office to you personally. Although the statute allows an employee to lease a residence, having the licensed company named as the tenant makes the documentation line up more cleanly with the NMLS branch applicant.
Chase gave you misleading information about the deed.
Your wife having a mortgage does not prevent her from getting a copy of her deed.
The deed and mortgage are two separate documents. The deed establishes a recorded title. The mortgage is the lien/security instrument securing the loan. Wisconsin Register of Deeds offices maintain records of deeds, mortgages, and other real estate instruments. Wisconsin counties provide copies of those recorded documents, including certified copies.
So there is no reason to ask Chase for the deed. Chase may have a copy in its loan file, but it is not the official source you need.
Your wife should contact the Register of Deeds for the Wisconsin county where the house is located and request:
“A certified copy of the most recently recorded deed showing current ownership of the property.”
She will normally need the property address, her name, and possibly the parcel number or recorded document number. Many Wisconsin counties also make recorded deeds available online.
Does the mortgage note work instead of the deed?
I would not submit the note as a substitute for the deed.
A promissory note proves the borrower’s obligation to repay the mortgage loan. It does not establish who holds legal title to the real estate. Likewise, the recorded mortgage shows the lien and the borrower/mortgagor information, but Kentucky specifically requires a lease or deed in its branch-registration rule.
So if Kentucky asks for “deed or lease,” give them exactly that.
Would your wife’s deed plus your marriage certificate be enough?
Possibly, but I would not make that your primary argument.
Wisconsin is a marital-property state. Wisconsin recognizes that property can be marital property even though the title appears solely in one spouse’s name; merely having one spouse’s name on the title does not automatically settle marital-property classification.
But the Kentucky DFI is not deciding your Wisconsin marital property rights. It is deciding whether the proposed branch satisfies Kentucky’s licensing documentation standards. A marriage certificate proves you are married; it does not, by itself, make your name appear on the recorded deed or create a lease between the property owner and the mortgage company.
Therefore, I would use the marriage certificate as supporting documentation, not as the document intended to satisfy the “lease or deed” requirement.
Kentucky’s published law actually helps your situation.
This is the part I would emphasize to the Kentucky examiner.
KRS 286.8-032 does not say:
“The branch manager’s name must appear on the deed.”
Instead, it says proof of residence must establish that the residence is owned or leased by the mortgage loan broker, mortgage loan company, or its employees or owners, and that it is the main residence of one of those persons.
And 808 KAR 1:170 requires:
a copy of the lease or deed for the branch.
Consequently, if your wife owns the property and executes a legitimate lease of the home-office space to the licensed mortgage company, there is a strong textual basis for satisfying the published requirement through the lease alternative, rather than having to alter the title.
I would not add your name to the deed unless Kentucky absolutely requires it.
Your wife could potentially convey an ownership interest to you. Wisconsin specifically recognizes spouse-to-spouse conveyances, and the Wisconsin Department of Revenue lists conveyances between spouses while they are married as exempt from the real estate transfer fee.
But I would make that the last option, not the first.
Adding yourself to the deed changes legal title and can have estate-planning, title-insurance, mortgage, creditor, and tax consequences. If Kentucky accepts a lease, there is little reason to change ownership merely to satisfy a licensing deficiency. If you ever do add yourself, have a Wisconsin real-estate attorney or title company prepare and record the deed.
There is also an important distinction between a “home branch” and simply working remotely.
Kentucky now expressly permits mortgage employees to work from an alternate work location, including remotely, subject to supervision, cybersecurity, record retention, and other requirements. The MLO’s NMLS record must designate a properly licensed location as the MLO’s official workstation.
Kentucky defines an alternate work location separately from a licensed branch. A branch is a location maintained for conducting mortgage business; an alternate location is not a branch and is subject to restrictions, including limits on in-person borrower activity at the employee’s home.
So if Kentucky DFI is requiring you to turn your Wisconsin residence into an actual registered branch, then yes, the branch requirements come into play: lease/deed, MU3, ML-7, ML-6, and zoning documentation. Kentucky DFI specifically states that out-of-state branches conducting mortgage business in Kentucky must be licensed.
One thing I did not find in the current published Kentucky statutes or regulations is a fixed statewide mileage requirement that requires an MLO’s residence to be within a specific number of miles of the licensed branch. The statutes I reviewed instead require an alternate-work MLO to have a properly licensed location designated as the official workstation. If DFI has told your company that a particular distance rule applies to you, I would ask the examiner to identify the specific statute, regulation, NMLS checklist provision, or current DFI policy establishing that mileage requirement. That will tell us whether licensing your Wisconsin residence as a branch is truly necessary or simply the solution DFI is offering in your particular application.
What I would do next
I would first get the recorded deed from the Wisconsin County Register of Deeds. Then have your wife execute a Home Office Branch Lease Agreement with the mortgage company. Submit that deed, lease, marriage certificate, ML-6/zoning approval, and ML-7 with a concise explanation.
I would also send Kentucky DFI one very specific question before changing the deed:
The proposed residential branch is my principal residence. The title to the residence is held solely by my spouse. Pursuant to KRS 286.8-032(8)(a) and 808 KAR 1:170 Section 5, will DFI accept (1) the recorded deed showing my spouse as owner, (2) our marriage certificate, and (3) a lease from the record owner to the licensed mortgage company covering the designated home-office premises as satisfaction of the lease-or-deed and proof-of-residence requirements?
That forces the issue onto the actual statutory language rather than simply asking, “Can my wife’s deed work?”
Kentucky DFI currently lists Sara Boone at sara.boone@ky.gov / 502-803-7915 for mortgage broker/company licensing questions.
If you want, I can next draft the two documents for you: a Kentucky-compliant Home Office Branch Lease Agreement between your wife and Coast 2 Coast Mortgage Lending, LLC, and a formal cover letter to Kentucky DFI citing KRS 286.8-032 and 808 KAR 1:170 explaining why the lease and your wife’s deed satisfy the residential branch requirement.
apps.legislature.ky.gov
Title 808 Chapter 1 Regulation 170 • Kentucky Administrative Regulations • Legislative Research Commission
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This draft is based on a lease-or-deed approach and the fact that John Doe pays about $2,241 per month toward the mortgage and escrow, even though he is not listed on the deed or mortgage.
1. Home Office Branch Lease and Occupancy AgreementHOME OFFICE BRANCH LEASE AND OCCUPANCY AGREEMENT
This Home Office Branch Lease and Occupancy Agreement (“Agreement”) is made effective ______________________, 2026, by and between:
Homeowner/Landlord:
[WIFE’S FULL LEGAL NAME]
[FULL PROPERTY ADDRESS]
[City], Wisconsin [ZIP]and
Company:
Coast 2 Coast Mortgage Lending, LLC
NMLS #376205
[COMPANY ADDRESS]The parties agree as follows:
1. Property
The Homeowner is the record owner of the residential property located at:
[FULL PROPERTY ADDRESS]
John Doe, a Mortgage Loan Originator employed by Coast 2 Coast Mortgage Lending, LLC, resides at the property and uses it as his principal residence.
A copy of the recorded deed identifying the Homeowner as the record owner may be attached as Exhibit A.
2. Designated Home Office
The Homeowner authorizes Coast 2 Coast Mortgage Lending, LLC to use a designated portion of the residence as a home-based mortgage branch office, subject to all applicable licensing, zoning, municipal, insurance, and regulatory requirements.
The designated office contains approximately __________ square feet and consists of:
A private office area within the residence that is suitable and readily accessible for authorized mortgage-related business activities.
The remainder of the property will continue to be used as a private residence.
3. Authorized Business Use
The designated office may be used by Coast 2 Coast Mortgage Lending, LLC and its authorized employee, John Doe, MLO, for lawful mortgage-related activities, including:
- mortgage loan origination;
- branch management;
- telephone, video, and electronic communications;
- administrative work;
- licensing and compliance activities;
- review and maintenance of records when permitted;
- communications with borrowers, lenders, regulators, and other parties involved in mortgage transactions; and
- other lawful activities associated with operating a licensed or registered mortgage branch.
The parties intend for the designated office to be approved as a residential mortgage branch where permitted by the appropriate regulatory authorities.
4. Principal Residence
The parties acknowledge that the property is John Doe’s principal residence.
The property’s residential use will remain its primary use. Business activities will be limited to the designated office area and conducted in a manner consistent with applicable residential-branch and home-occupation requirements.
This Agreement will become effective on ______________________, 2026.
The initial term will be twelve months. After the initial term, the Agreement will continue on a month-to-month basis unless either party provides at least thirty days’ written notice of termination.
Any amendment to this Agreement must be made in writing and signed by the parties.
5. No Separate Monthly Cash Rent
The Homeowner does not require Coast 2 Coast Mortgage Lending, LLC or John Doe to make a separate monthly cash rental payment for use of the designated home office.
The right to use the designated office is granted as part of the parties’ agreement and is supported by their mutual promises, obligations, and responsibilities under this Agreement.
John Doe is responsible for the regular household housing expense associated with the property and currently pays approximately $2,241.00 per month toward the mortgage payment and related escrow charges, including property taxes and homeowners’ insurance.
These housing payments are separate from this Agreement and are not characterized as rent paid to the Homeowner for the branch office.
Coast 2 Coast Mortgage Lending, LLC does not assume responsibility for the residential mortgage, property taxes, homeowners’ insurance, utilities, or other personal household expenses solely because it is authorized to use the designated office.
The Homeowner authorizes Coast 2 Coast Mortgage Lending, LLC to submit this Agreement, the recorded deed, and other reasonably required supporting documents to NMLS, the Kentucky Department of Financial Institutions, and other applicable regulatory agencies in connection with branch licensing, registration, examination, or compliance.
6. Regulatory Access
The Homeowner understands that a licensed or registered residential mortgage branch may be subject to examination or inspection by authorized regulatory agencies.
To the extent required by law or regulation, authorized regulatory personnel may be given reasonable access to the designated business area.
Nothing in this Agreement authorizes access to private residential areas that are not used for mortgage business unless access is otherwise required by law.
7. Compliance With Laws and Local Requirements
Use of the designated home office must comply with all applicable:
- federal laws and regulations;
- state mortgage licensing requirements;
- municipal and county ordinances;
- zoning requirements;
- home-occupation requirements;
- privacy and information-security requirements;
- homeowners’ association or restrictive covenant requirements, if applicable; and
- other laws or regulations governing the operation of a residential mortgage branch.
The property may not be used for unlawful business activities.
8. No Transfer of Ownership
This Agreement does not transfer any ownership interest in the property to John Doe or Coast 2 Coast Mortgage Lending, LLC.
The Homeowner remains the legal owner of the property as shown by the recorded deed.
This Agreement gives Coast 2 Coast Mortgage Lending, LLC and John Doe only the limited right to use and occupy the designated office area for the purposes described in this Agreement.
9. Existing Residential Mortgage
The parties acknowledge that the property is subject to an existing residential mortgage or may otherwise be subject to liens or security interests.
Nothing in this Agreement is intended to:
- transfer ownership of the property;
- transfer responsibility for the residential mortgage;
- constitute an assumption of the mortgage loan;
- modify the terms of the existing mortgage;
- subordinate or impair an existing mortgage or lien;
- create an ownership interest in favor of Coast 2 Coast Mortgage Lending, LLC; or
- interfere with the rights of any existing mortgage holder or lien holder.
John Doe’s payment of the mortgage and escrow expenses does not constitute an assumption of the mortgage by Coast 2 Coast Mortgage Lending, LLC.
10. Insurance, Zoning, and Property Restrictions
Operation of the home office remains subject to applicable:
- homeowners’ insurance requirements;
- zoning laws;
- municipal and county ordinances;
- home-occupation rules;
- subdivision restrictions; and
- restrictive covenants or homeowners’ association requirements, if applicable.
No material structural alteration may be made to the property for business purposes without the Homeowner’s prior written approval.
Any signage associated with the residential branch must comply with applicable licensing, zoning, municipal, homeowners’ association, and other regulatory requirements.
11. Privacy and Information Security
Coast 2 Coast Mortgage Lending, LLC and John Doe will protect borrower and consumer information maintained or accessed from the designated office.
Any physical or electronic mortgage information maintained at the location must be secured against unauthorized access in accordance with applicable federal and state law, regulatory requirements, and company information-security policies.
12. Entire Agreement
This Agreement contains the entire understanding between the parties regarding the use of the designated area of the property as a home-based mortgage branch office.
Any amendment or modification must be in writing and signed by the parties.
13. Governing Law
This Agreement will be governed by the laws of the State of Wisconsin as they apply to the property and the parties’ contractual relationship.
Mortgage licensing and regulatory activities conducted from the property remain subject to the laws, regulations, and requirements of any jurisdiction in which Coast 2 Coast Mortgage Lending, LLC or John Doe is licensed, registered, or authorized to conduct mortgage business.
HOMEOWNER/LANDLORD
[WIFE’S FULL LEGAL NAME]
Signature: ______________________________________
Date: __________________________________________
COAST 2 COAST MORTGAGE LENDING, LLC
NMLS #376205
By: ____________________________________________
Name: _________________________________________
Title: __________________________________________
Date: __________________________________________
ACKNOWLEDGED BY RESIDENT/MLO
John Doe, MLO
NMLS #: ________________________________________
Signature: ______________________________________
Date: __________________________________________
SUGGESTED SUPPORTING EXHIBITS
Exhibit A: Recorded deed identifying the Homeowner as the record owner
Exhibit B: Marriage certificate establishing the relationship between the Homeowner and John Doe
Exhibit C: Documentation establishing the property as John Doe’s principal residence
Exhibit D: Local zoning or home-occupation documentation, if required
Exhibit E: Redacted bank statements or other documentation showing John Doe’s recurring payment of approximately $2,241.00 toward the mortgage and escrow obligations
Exhibit F: Kentucky Form ML-6 and other applicable residential-branch documentation
Bank statements submitted as Exhibit E should be appropriately redacted. Account numbers, unrelated transactions, and unrelated balances should not be included unless specifically requested by the regulator.
2. Kentucky Department of Financial Institutions Cover Letter
[DATE]
Kentucky Department of Financial Institutions
Division of Non-Depository Institutions
500 Mero Street
Frankfort, Kentucky 40601RE: Residential Branch Registration
Coast 2 Coast Mortgage Lending, LLC – NMLS #376205
Mortgage Loan Originator/Resident: John Doe, MLO
Proposed Residential Branch: [FULL WISCONSIN PROPERTY ADDRESS]Dear Licensing Examiner:
Coast 2 Coast Mortgage Lending, LLC respectfully submits the enclosed documentation in support of its application to register the above Wisconsin residence as a residential mortgage branch.
John Doe, MLO, resides at the property as his principal residence and is employed by Coast 2 Coast Mortgage Lending, LLC.
The property is owned solely by [WIFE’S FULL LEGAL NAME], John Doe’s spouse. John Doe is not a record owner of the property and is not a borrower on the residential mortgage.
The record owner has executed the enclosed Home Office Branch Lease and Occupancy Agreement, expressly authorizing Coast 2 Coast Mortgage Lending, LLC and John Doe to use a designated portion of the residence for lawful mortgage-related business.
Lease and Deed Documentation
Section 5 of 808 KAR 1:170 requires submission of a copy of the lease or deed for a branch location.
Because the property is titled solely in the Homeowner’s name, the Company is submitting both:
- The executed Home Office Branch Lease and Occupancy Agreement, which establishes Coast 2 Coast Mortgage Lending, LLC’s contractual right to use the designated office; and
- The recorded deed, which establishes that the individual granting those occupancy rights is the property’s record owner.
Together, these documents establish the Company’s right to occupy and use the designated portion of the residence as the proposed branch location.
John Doe’s Principal Residence
The proposed branch location is John Doe’s principal residence.
Although John Doe is not named on the recorded deed or residential mortgage, he resides at the property full-time.
The Company can provide documentation establishing its residency, including government-issued identification, utility records, financial documents, or other reasonable evidence requested by the Department.
The Homeowner has specifically authorized both Coast 2 Coast Mortgage Lending, LLC and John Doe to use the designated office area for mortgage-related business, subject to applicable licensing and regulatory requirements.
The Agreement grants only the right to occupy and use the designated business area. It does not transfer any ownership interest in the property.
Housing Expense Payments
John Doe contributes directly to the financial obligations associated with his principal residence.
He currently pays approximately $2,241.00 per month toward the mortgage payment and related escrow expenses, including property taxes and homeowners’ insurance.
If the Department finds this information helpful in establishing John Doe’s continuing occupancy and financial responsibility for the residence, he can provide appropriately redacted bank statements or other supporting documentation showing these recurring payments.
These housing-expense payments are separate from the Home Office Branch Lease and Occupancy Agreement and are not being represented as rent paid to the Homeowner.
No Separate Monthly Cash Rent
The Homeowner does not require Coast 2 Coast Mortgage Lending, LLC or John Doe to make an additional monthly cash rental payment for the designated office area.
Instead, the Homeowner has granted the Company, by contract, the right to use the designated portion of the property under the terms and obligations set forth in the enclosed Agreement.
The Company understands that Section 5 of 808 KAR 1:170 requires documentation of a lease or deed for the branch location. The provision cited above does not state a minimum monthly rental amount.
If the Department imposes an additional requirement regarding monetary rent or other consideration for a residential branch agreement, the Company respectfully requests clarification and will promptly address any such requirement.
Documents Included With the Submission
The Company is providing, or is prepared to provide, the following documents in connection with the residential branch application:
- Home Office Branch Lease and Occupancy Agreement;
- recorded deed identifying the Homeowner;
- marriage certificate;
- documentation establishing the property as John Doe’s principal residence;
- Kentucky Form ML-6, Disclosure of Location at a Residence;
- Kentucky Form ML-7, Branch Authorization Form, if applicable;
- local zoning or home-occupation documentation, if required;
- applicable NMLS branch filing documentation; and
- if requested, redacted documentation showing John Doe’s recurring payment of approximately $2,241.00 toward the mortgage and escrow expenses.
Any financial documentation submitted for this purpose can be limited to information relevant to the housing payment and appropriately redacted to protect account numbers, unrelated transactions, and other personal financial information.
Request for Approval
Coast 2 Coast Mortgage Lending, LLC respectfully requests that the Department accept the enclosed Home Office Branch Lease and Occupancy Agreement, together with the recorded deed and supporting documentation, as evidence of the Company’s lawful right to occupy and use the proposed residential branch location.
If the Department believes that John Doe must personally hold record title to the property despite the record owner having executed a written lease and occupancy agreement in favor of the licensed mortgage company, we respectfully request identification of the applicable Kentucky statute, administrative regulation, NMLS requirement, or Department policy establishing that requirement.
We likewise request clarification if the Department requires a specific minimum rental amount or other monetary consideration in a residential branch lease.
The Company is prepared to provide any additional documentation reasonably required to complete the Department’s review.
Thank you for your consideration of this submission.
Respectfully,
Authorized Representative
Coast 2 Coast Mortgage Lending, LLC
NMLS #376205Name: _________________________________________
Title: __________________________________________
Telephone: _____________________________________
Email: __________________________________________
I also made sure it’s clear that John Doe’s $2,241 housing payment is separate from the $0 office rent. The original suggests labeling the bank records as additional evidence of principal residence and housing obligations, rather than as “proof of rent,” which is a helpful distinction for this package.
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This reply was modified 2 weeks, 6 days ago by
Sapna Sharma.
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