KRS 186A.298: Filing of affidavit of severance from real estate for manufactured home

previously converted to real estate. (Effective until January 1, 2027)

(1) The owner of a manufactured home that has been converted to real estate in

accordance with KRS 18 6A.297 may detach or sever the home from the real

property only by filing an affidavit of severance with the clerk of the county in

which the affidavit of conversion originally took place and in which the real estate

is located. The affidavit of severance shall include the following information:

(a) The manufacturer and, if applicable, the model name of the manufactured

home;

(b) The legal description of the real property on which the manufactured home is

or was placed, with the source of title setting fort h the book and page number

of how the owner of the real estate acquired the property;

(c) The book and page number where the previous affidavit of conversion was

filed of record;

(d) A Class B1 or B2 Seal as required under KRS 227.600;

(e) Certification of an attorney that, as of the date of the titling of the severance,

there are no security interests or liens in the manufactured home that have not

been released by the secured party and that the title to the real estate is

marketable, free, and clear of li ens, or certification of any holder of a security

interest in the manufactured home of:

1. The amount of any existing security interest; and

2. The secured party's consent to issuance of a title;

(f) The owner's affidavit that the manufactured home has previously been or will

be removed from the described real estate within thirty (30) days of the date

of filing the affidavit of conversion, and that, before moving the manufactured

home the owner will apply for and receive;

1. A certificate of title as required under KRS 186A.070; and

2. A manufactured home registration as required under KRS 186.675; and

(g) There shall be a limit of one (1) affidavit of severance issued to an owner on a

property.

(2) When the county clerk files the affidavit of severance, the county clerk shall

provide a copy to:

(a) The property valuation administrator for adjustment of the real property tax

rolls of the county; and

(b) The Transportation Cabinet, Department of Vehicle Regulation.

(3) An owner who fails to file an affidavit of severance prior to removal of the

manufactured home shall be liable for actual damages or five hundred dollars

($500), whichever is greater, payable to any first lien holder of record, or if no su ch

lien holder exists, to be payable to the clerk of the county in which the affidavit of

conversion first took place, upon notice to the clerk that the manufactured home

was not removed within thirty (30) days of the date of filing of the affidavit of

severance.

(4) The county clerk shall receive a fee of sixteen dollars ($16) for the service provided

under this section.

(5) If the owner of the manufactured home provides inaccurate or fraudulent

information to the county clerk, the clerk shall not be held liable in any subsequent

action relating to the severance of the manufactured home from the real estate.

(6) For the purposes of this section, "owner" means the party who holds the legal title

to the real estate where the manufactured home is located prior to being moved. It

shall not include the party who is acquiring the manufactured home.

Effective: June 29, 2017