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KRS 186A.297

Filing of affidavit of conversion to real estate when manufactured home is permanently affixed to land -- Requirements for surrender of certificate of title

Applied in 11 court decisions — leading case Dickson v. Countrywide Home Loans (2011)

Most recently applied in Bowling v. Appalachian Federal Credit Union (February 2017)

Effective: July 14, 2022 History: Amended 2022 Ky

How often courts cite this section

20062010201740
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) When a manufactured home is or is to be permanently affixed to real estate, the owner may execute and file an affidavit of conversion to real estate with the county clerk of the county in which the real estate is located. The affidavit shall attest to the fact that the home has been or will be permanently affixed to the real estate and be accompanied by a surrender of the Kentucky certificate of title. The county clerk shall file the affidavit of conversion to real estate in the miscellaneous record book.

(2) A county clerk shall not accept a surrender of a Kentucky certificate of title which displays an unreleased lien unless it is accompanied by:

(a) A release of the lien; or (b) An affidavit, signed under oath by the attorney who satisfied the liens noted on the Kentucky certificate of title, attesting that all liens noted on the Kentucky certificate of title have been paid. An affidavit filed by an attorney under this paragraph may only be signed by an attorney licensed to practice law in the Commonwealth.

(3) The provisions of subsection (2) of this section shall not excuse a lender who placed a lien on the certificate of title from filing a release of the lien.

(4) Upon receipt of the information identified in subsection (2) of this section, the county clerk shall accept the affidavit of conversion and the surrender of the Kentucky certificate of title.

(5) In the event of an inaccurate or fraudulent affidavit, the title surrender becomes null and void.

(6) The county clerk shall be held harmless if he or she relies upon receipt of the information identified in subsection (2) of this section.

(7) When the county clerk files the affidavit of conversion to real estate, the county clerk shall furnish a copy to the property valuation administrator for inclusion in the real property tax rolls of the county. A filing of an affidavit of conversion to real estate and a surrender of a Kentucky certificate of title shall be deemed a conversion of the property as an improvement to the real estate upon which it is located.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.