58-4214. Manufactured housing; elimination of certificate of title; requirements; real property.
58-4214
58-4214. Manufactured housing; elimination ofcertificate of title; requirements; real property.(a) Whenever a manufactured home or mobile home ispermanently affixed to real property, by placement upon a permanent foundationof a type not removable intact from such real property, the manufactured homeor mobile home shall be considered for all purposes an improvement to realproperty, if the certificate of title which has been issued or is required tobeissued for such manufactured home or mobile home pursuant to K.S.A. 58-4204,and amendments thereto, is eliminated pursuant to this section. If thecertificate of title has been eliminated pursuant to this section, theownership of the manufactured home or mobile home shall be an incident ofownership of the real property where it is located under governing realproperty law. If the certificate of title has been eliminated pursuant to thissection, a separate security interest in the manufactured home or mobile homeshall not exist, and the manufactured home or mobile home shall only be subjectto a lien as part of the real property where it is located.
(b) To eliminate a certificate of title which has been issued or is requiredto be issued for a manufactured home or mobile home pursuant to K.S.A. 58-4204,and amendments thereto, the owner of the manufactured home or mobile home shallmake application to the division, including submission of the following:
(1) An affidavit, in the form prescribed by the division, signed by all theowners of the manufactured home or mobile home, and also signed by all partieshaving a mortgage, lien or other security interest in the manufactured home ormobile home, as evidence of consent to the elimination of the certificate oftitle, and containing:
(A) The date;
(B) the names of all the owners of record of the manufactured home or mobilehome;
(C) the legal description of the real property where the manufactured home ormobile home is located;
(D) a description of the manufactured home or mobile home, including modelyear,make, width, length and identification number;
(E) the names of all parties holding a security interest or otherwiseentitled to a lien or encumbrance in the manufactured home or mobile home;
(F) a statement that the owner or one of the owners of the manufactured homeor mobile home owns the real property where the manufactured home ormobile home is or will be located; and
(G) the name and address of an owner, lending agency or other entity to whichthe approved application may be delivered;
(2) the certificate of title for the manufactured home or for the mobile homeissued pursuant to K.S.A. 58-4204, and amendments thereto, or in the case of anew manufactured home, the manufacturer's statement of origin;
(3) where one or more parties have a security interest in the manufacturedhome or mobile home, a release of each such secured party's security interest;
(4) proof of payment of all applicable fees and taxes; and
(5) any other information the division may reasonably require pursuant toduly adopted rules and regulations.
(c) The division shall approve the application for elimination of the titlewhen all requirements of subsection (b) have been satisfied. After theapplication has been approved, the division shall deliver the approvedapplication as directed by the application. The approved application shall berecorded in the office of the register of deeds of the county in which there islocated the real property on which the manufactured home or mobile home isaffixed. Upon such recording, the certificate of title shall be presumed to beeliminated. If a certificate of title previously has been issued for themanufactured home or mobile home pursuant to K.S.A. 58-4204, and amendmentsthereto, the division also shall cancel such certificate of title.
History: L. 2002, ch. 49, § 1; Apr. 18.