Section 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(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.Amended by 2022 Ky. Acts ch. 113,§ 3, eff. 7/13/2022.Effective:7/14/2000
Created 2000, Ky. Acts ch. 166, sec. 1, effective7/14/2000.