58-4201.
Citation of act.
K.S.A. 58-4201 through 58-4212 shall be known and may be cited as the Kansas manufactured housing act.
History:
L. 1991, ch. 33, § 1; July 1.
CASE ANNOTATIONS
1. Kansas manufactured home act provides exclusive method for perfecting a lien in a mobile home. In re Jackson, 358 B.R. 412, 416, 419 (2007).
2. Kansas manufactured housing act discussed, including perfection of security interest. In re Thomas, 362 B.R. 478 (2007).
3. Bankruptcy trustee's attempted avoidance of lien on modular home denied; court distinguishes modular homes from mobile homes. In re Brouillette, 389 B.R. 214, 218 (2008).
Morris v. Citifinancial (In Re Trible), 290 B.R. 838 (Bankr. D. Kan. 2003). “First, in 1991, the Kansas Manufactured Housing Act (hereafter the “KMHA”), K.S.A. 58-4201 et seq., was enacted. The KMHA defined a mobile home, a manufactured home, and a modular home.”
In Re Thomas, 362 B.R. 478 (10th Cir. BAP 2007). “[18] A few of the provisions of the version of § 58-4204 that was in effect in November of 2001, when the Debtors executed the mortgage in favor of Wachovia's predecessor, were the following: (a) Upon the transfer or sale of any manufactured home or mobile home by any person or…”
Nazar v. W. State Bank (In Re Brouillette), 389 B.R. 214 (Bankr. D. Kan. 2008). · cites it 2דThe determinative issue is whether the dwelling is either a manufactured home or mobile home as defined by the Kansas Manufactured Housing Act, K.S.A. 58-4201, et seq. so that the exclusive manner for perfection of a lien in the home is by notation on a certificate of title.”
Williams v. Capital Asset Recovery, LLC (In Re McMullen), 441 B.R. 144 (Bankr. D. Kan. 2011). · cites it 2דThe titling and perfection of lien in manufactured homes under the Kansas Manufactured Housing Act, Kan. Stat. Ann. § 58-4201 et seq. (2005), enacted in 1991, parallels the motor vehicle code and was formerly contained in the motor vehicle certificate-of-title statute, Kan.”
Morris v. Ark Valley Credit Union, 536 B.R. 887 (D. Kan. 2015). · cites it 2דK.S.A. §§ 58-4201 to 4213, 4217-4227. Thus, the KMHA’s scope is not so extensive that it can be clearly construed to occupy the field of mobile home law in Kansas.”
Cornerstone Homes, LLC v. Skinner, 235 P.3d 494 (Kan. Ct. App. 2010). “That section states: “Dealers shall execute, upon delivery to the purchaser of every new manufactured home, a manufacturer’s statement of origin stating the liens and encumbrances thereon.”
Morris v. Ark Valley Credit Union (In re Gracy), 522 B.R. 686 (Bankr. D. Kan. 2015). · cites it 4ד13 Conclusions of Law The trustee invokes his § 544(a) lien creditor avoiding powers, requiring the Court to navigate the intersection of Kansas property law, Kansas’s version of Article 9 of the Uniform Commercial Code, *691 and the Kansas Manufactured Housing Act, Kan. Stat.…”
Wachovia Bank, N.A. v. Morris, 362 B.R. 478 (10th Cir. BAP 2007). “A few of the provisions of the version of § 58-4204 that was in effect in November of 2001, when the Debtors executed the mortgage in favor of Wachovia’s predecessor, were the following: (a) Upon the transfer or sale of any manufactured home or mobile home by any person or…”
Morris v. PHH Mortg. Servs. (In Re Phillips), 420 B.R. 530 (Bankr. D. Kan. 2009). · cites it 2דKan. Stat. Ann. § 58-4201 et seq. See also, § 58-4216, which incorporates § 58-4214 into the Kansas Manufactured Housing Act.”
Andrew Heath Alexander & Jennifer Lynn Alexander (Bankr. D. Kan. 2024). “32 The title statute governing manufactured homes or mobile homes was moved to the Kansas Manufactured Housing Act, § 58-4201 et seq, enacted in 1991. See § 58-4203(a) (expressly providing that manufactured homes and mobile homes shall not be subject to “the titling and…”
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